Terms of Service and Privacy Policy
LAST UPDATED: March 24, 2021
Neuron Publishing LLC ("Neuron"), a Michigan Limited Liability Company doing business as Neuron Publishing™, StationeryHQ You Design. We Deliver®, PrintHQ™, and Frecklebox®, provides print manufacturing services to individual consumers and businesses. Our customers, ie users, assemble text and/or graphics ("Content") and select from items available on our websites which we customize according to users' specifications. The proprietary tools and processes we make available to users (“Services”) are used to create such customized items ("Products").
The Terms of Service and incorporated Privacy Policy (collectively, "TOS") documented below apply to everyone who accesses the Services to create Products. Users who create a user account or otherwise access and/or employ the Services confirm their agreement to these TOS, confirm that they are of sufficient age and authority to enter into a legally binding agreement in their jurisdiction, and further confirm that they are the owner of their user account or are otherwise authorized to use the account and accept these TOS on behalf of the account's owner.
We recommend that all users review these TOS frequently, with the understanding that Neuron will update these terms on an annual basis if not more frequently.
Please send questions or comments regarding these Terms of Service to help@neuronpublishing.com.
INTELLECTUAL PROPERTY RIGHTS
Neuron owns or otherwise controls the technology that enables users to create Products. Copyright, trademark and other relevant intellectual property rights apply to the Services and Products.
Users generally own or otherwise control the Content that they provide when using Services to create and/or purchase Products.
Generally, products purchased from Neuron websites may be redistributed freely. Certain specially designated Products may be explicitly indicated as sold exclusively for personal use.
Neuron Branding
Neuron's brand names and logos such as Neuron Publishing™, StationeryHQ You Design. We Deliver®, PrintHQ™, and Frecklebox®, related logos and taglines, as well as additional names and graphic elements identifying its products and services, whether registered or unregistered, are owned by Neuron and are protected through application of U.S. copyright and/or trademark law as well as the applicable laws of jurisdictions outside of the United States.
Redistribution or replication of user interfaces, imagery, verbiage or any graphic, verbal or conceptual element of Neuron's branding, including aesthetic 'look and feel' elements, is prohibited without our express written consent.
Please send questions or comments regarding intellectual property rights to help@neuronpublishing.com.
RIGHTS AND RESPONSIBILITIES WHEN USING THE SERVICES
Neuron reserves all rights in the Services, except for the rights it grants to users permitting them to obtain and share customized Products, as governed by these TOS.
Authorization to use the Services is obtained by users when they provide information required to complete a purchase and/or create user accounts.
By creating or assembling Content and using the Services, users specifically warrant that any content they introduce does not:
- infringe on the intellectual property rights of others;
- infringe on the privacy rights of others;
- violate applicable local, national or international law, institutional policies or community standards;
- include malicious code or other content that may damage, intercept or otherwise compromise systems, programs or data; or
- cause injury to any person or entity.
Users must further refrain from modifying, reverse engineering, copying, reselling or otherwise disseminating any component of the relevant Services, or causing or permitting such activities, without specific authorization from Neuron.
WARRANTIES
Neuron is continually working to assure that the technology comprising the Services functions optimally. However, we cannot control the imperfections of your computer, tablet, phone or other device, or influence your Internet service provider, cellular network, or the Internet itself, to operate flawlessly.
Where Neuron posts or otherwise makes use of comments or information provided by any user of our Services it declines to accept any responsibility for the quality or reliability of such content.
ALL MATERIAL, FUNCTIONALITY AND INFORMATION COMPRISING THE NEURON SERVICES AND/OR CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT SHALL NEURON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL NEURON BE RESPONSIBLE FOR DAMAGE, LOSS OR INJURY RESULTING FROM ANY FAILURE OF A USER'S SYSTEM SECURITY, AND/OR UNAUTHORIZED USE OF ANY USER ACCOUNT BY ANY THIRD PARTY.
USER AGREES THAT IN NO EVENT ABSENT AN EXPLICITLY SUPERCEDING EXTERNAL AGREEMENT TO THE CONTRARY SHALL ANY LIABILITY OF NEURON (OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY PROVIDERS) EXCEED THE TOTAL AMOUNT OF FEES PAID FOR SERVICES AND PRODUCTS DURING THE YEAR PRIOR TO THE MAKING OF A CLAIM. OTHERWISE, USERS' SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH NEURON'S SERVICES, CONTENT OR PRODUCTS IS TO DISCONTINUE USE OF THE SERVICES AND CONTENT.
PRIVACY AND CONFIDENTIALITY
Users are responsible for maintaining the confidentiality of any Neuron account they initiate or maintain, and for restricting related access to computers and/or mobile devices signed into accounts. Users agree to accept responsibility for all activities that occur in relation to accounts or passwords subject to their control, including but not limited to submitting completed Content for printing and delivery. Users who choose to include sensitive information in Content, such as phone numbers, postal addresses, emails, ID numbers or other information that could be used to identify any person, do so at their own risk. Neuron reserves the right to refuse service, limit service or terminate any account in its sole discretion.
Neuron is responsible for maintaining the security of the data in its possession associated with user accounts and will strive to safeguard users' personal information in strict accordance with legal requirements and industry best practices. We are committed to compliance with privacy laws and regulations throughout our user community, including but not limited to the California Consumer Privacy Act. At this time we do not service customers outside of the United States and Canada but will assure compliance with privacy laws such as the EU General Data Protection Regulation when and where they become applicable. All data received via Neuron user accounts, or data which is processed in the course of creating Products for users, is protected by studious implementation and continued optimization of security technologies which we will describe in current detail at the request of any user.
Data We Collect, How and Why
Neuron collects personal identifying information typically associated with e-commerce activities: names, emails, physical addresses, phone numbers, Internet Protocol addresses, payment data. Additionally, when creating Content and purchasing Products our users may provide Neuron with representations of physical appearance, ethnicity, age, culture, gender, sexual preference and/or other personal characteristics. Order related information is retained, including a record of users' orders and the user assembled Content related to such orders. In the course of keeping our customers satisfied and encouraging repeat business we may also collect personal information through users' contacts with our Customer Service personnel as well as their expressions on social media, including voice recordings of any voicemails that our customers may leave while making a call to us. In addition to collecting the types of data that are necessary for maintenance of accounts, creation of personalized Content and providing excellent service, we make various observations that may assist us in targeted marketing activities. We benefit from learning about users' online behavior via tracking technologies as further described in our discussion of Cookies.
We obtain the personal information listed above from the following sources:
Directly from you. For example, the file(s) that you upload, the text that you enter, the forms you complete on our website, the types of products that you choose to purchase, and your communications with our customer relations team via email, telephone, and social media.
Indirectly from you. For example, from observing your actions on our website.
Neuron's Precautions and Users' Rights Protecting Personal Information
User Content is not accessed by Neuron staff or associates or retained except 1) where a user provides explicit permission, 2) as required for quality control, internal analysis, customer service, data recovery or technical support, or 3) when required or permitted by law, such as during an emergency, disaster recovery operation or evidentiary inquiry sanctioned under legal authority.
Users always have the right, within 30 days of their request, to view, update or edit records of their own accounts, including associated personal information, or to delineate limits on transmission and retention of such information, by making such requests via help@neuronpublishing.com. Users may at any time delete their accounts by accessing deletion options within their account or otherwise by contacting us at help@neuronpublishing.com. Deleting a user account will make it impossible for users to review account history, view previously submitted Content or request additional copies of previously ordered Products. Neuron at all times will respect any user’s right to demand compliance with the laws governing personal privacy in their jurisdiction and to be free from retaliation or discrimination resulting from doing so.
Data We Share (or not)
NEURON DOES NOT SELL USER DATA TO ANYONE. Where we provide personal information to any third party, we generally do so as a matter of operational necessity in utilizing transaction service providers, technology vendors and other associates we trust to maintain the integrity and security of our operations. We also utilize third party tracking technologies that monitor personal data to ensure consistent website operations and provide marketing enhancements as further discussed below. We do not otherwise share user data, personal or otherwise except where 1) we are explicitly authorized by a user to share specific information and 2) such dissemination is otherwise lawful, or 3) where we are required to disclose personal information in response to lawful requests by public authorities based on law enforcement or national security requirements.
Data shared on an as-needed basis with trusted providers of printing, shipping and merchant bank services includes personally identifiable Content items as outlined above as well as Users' billing address, telephone number, and order specifications including shipping address.
Log Files
Neuron reserves the right to use Internet Protocol addresses, ie "IP addresses," to analyze trends, administer the Services and associated websites, maintain tools and features, track user activities, improve Services and gather broad demographic information for aggregate use. IP addresses will not be utilized in a manner that delineates personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log certain non-personal access information including browser type, access times and requested or referred URLs. This information is not shared with third parties and is disclosed among Neuron personnel only to the extent it is necessary for operations and maintenance purposes. No individually identifiable information related to this data will be used in any other way unless Neuron obtains users' explicit written permission.
Cookies and Choices
Neuron and its service providers use various types of tracking technologies, ie "cookies" as detailed in our Cookie Preferences table, which we will update from time to time as necessary. The tracking technologies listed there are organized according to their purposes. "Essential" cookies implement the basic functionality needed to operate and secure the site. "Functional" cookies enhance user experience in navigating the site and interacting with third party platforms. "Marketing" cookies raise awareness of who we are and what we do and help match our offerings with the interests of our customer base. "Analytics" cookies enable us to monitor, prioritize and optimize operations of our site across various environments and devices.
To assist you in making informed decisions as to whether to accept all cookies in current use or opt out selectively, please view our Cookie Preference Table for Neuron-specific cookies and view Shopify's Cookie Policy for Shopify’s cookies.
We will be pleased to answer questions about cookies and assist with your privacy choices; feel free to inquire via help@neuronpublishing.com.
INDEMNIFICATION
Users shall indemnify and hold harmless Neuron, its contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of users' use of Neuron's websites, Services and/or Products or other resources and Services provided by Neuron, including but not limited to claims arising out of users' violation of these Terms of Service.
LEGAL VENUE AND DISPUTE RESOLUTION
By visiting any website provided by Neuron and utilizing the related Services, users confirm their agreement that the laws of the state of Michigan, USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute with Neuron that might arise. Users further agree that in the event any user is engaged in a dispute with Neuron which cannot be resolved through informal negotiation, before seeking resolution in any court of law, either party to that dispute must first attempt to resolve the matter cost effectively by retaining a mutually acceptable provider of mediation services for up to four hours of mediation sessions. Otherwise, where these more informal measures are not effective, the parties may seek traditional legal and equitable remedies in the appropriate Michigan courts.
The following are the sole exceptions to the above legal venue and dispute resolution terms: in situations where Neuron is required to seek an injunction or restraining order, or where a customer has not met payment obligations to Neuron, Neuron may seek legal remedies without prior negotiation or mediation.
MISCELLANEOUS
If any of these terms are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Neuron to enforce any of the provisions set out in these Terms of Service, or failure to limit or terminate any user's Services access for any length of time, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service, or the right thereafter to enforce each and every provision. These Terms of Service shall not be amended, modified, varied or supplemented in the absence of written notification by Neuron.
NOTIFICATION OF CHANGES
Neuron reserves the right to change these Terms of Service and related Privacy Policy from time to time as it sees fit, and in any event will do so on at least an annual basis. Whenever we post updates we will alert users on the home page of our websites. Your continued use of the Services and websites will signify acceptance of any adjustment to these terms. You are advised to regularly review our Terms of Service and Privacy Policy as well as any accompanying communications directed to users.
Contact Us
Submit contact request to help@neuronpublishing.com
(800) 384-0910
Where appropriate, users addressing privacy matters may request direct contact with our Data Protection Officer, Melisa Round.
Physical mail should be sent to:
Neuron Publishing LLC
321 E. 2nd St.
Second floor
Rochester, MI 48307