Terms & Conditions
Last updated: December 3, 2021
1. Agreement between User and www.protoxyz.com
Welcome to www.protoxyz.com. The www.protoxyz.com website (the "Site") is comprised of various web pages operated by ProtoXYZ LLC. www.protoxyz.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.protoxyz.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.protoxyz.com is an e-commerce based rapid manufacturer utilizing digital manufacturing of three-dimensional (3D) printed parts and other components utilizing rapid manufacturing techniques for prototypes and low volume runs.
ProtoXYZ's purpose is to provide online tools and services to provide customer designed components using rapid manufacturing techniques and technologies.
On www.protoxyz.com you (the user) can find and use information about the services, generate personalized quotations, and place orders online. By using ProtoXYZ’s online personalized quoting system you hereby grant access to ProtoXYZ to a nonexclusive, transferable license to copy, modify and use the model that you upload and submit to www.protoxyz.com solely for purpose of providing the services that you have requested. Upon print request, configured models will be uploaded to a cloud database where they will be printed to the user-specified configurations and orientations.
3. End Use Certifications: Export
ProtoXYZ LLC Products, shall not be sold, exported, re-exported, diverted or otherwise transferred in any activities which involve the development, production, use or stockpiling of nuclear activities of any kind, chemical or biological weapons or missiles, unmanned aerial vehicles, or microprocessors for military use, nor in any facilities which are engaged in activities relating to such weapons or applications, without prior authorization from the U.S. Government and ProtoXYZ LLC notification of such authorization.
ProtoXYZ LLC Products, shall not be used in or shipped or trans-shipped to the Crimea Region of the Ukraine, Democratic Republic of Congo, Cote D’Ivoire, North Korea, Syria, Cuba, Iraq, Lebanon, Eritrea, Iran, Liberia, Somalia, or Sudan, without prior authorization from the U.S. Government and ProtoXYZ LLC notification of such authorization.
ProtoXYZ LLC Products, shall not be used for any purpose associated with Unmanned Aerial Vehicles (UAVs) or rockets of greater than 300 km range in or for an entity in any of China, Bahrain, Egypt, India, Israel, Jordan, Kuwait, Macau, Oman, Qatar, Saudi Arabia, United Arab Emirates, or Yemen, without prior authorization from the U.S. Government and ProtoXYZ LLC notification of such authorization.
ProtoXYZ LLC Products, shall not be used for any military End Use or by any military End User in any of China (PRC), Russia, or Venezuela, without prior authorization from the U.S. Government and ProtoXYZ LLC notification of such authorization.
I/we understand that United States law and the selling countries law prohibits the sale, export or re-export, diversion or transfer, or other participation in any export transaction involving ProtoXYZ LLC Products, with individuals or companies listed in the U.S. Commerce Department’s Table of Denial Orders, the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of State’s list of individuals debarred from receiving Munitions List items and other applicable lists, i.e., Entity List as well as the Denial Person/Company list of the selling country.
I/we will abide by all applicable United States and/or selling country export control laws and regulations for all products purchased from ProtoXYZ LLC and will obtain any licenses or approvals required by the U.S. Government and/or the selling countries Government prior to the sale, export, re-export, diversion or otherwise transfer of purchased from ProtoXYZ LLC.
4. End Use Certifications: Terms of Service
The End User shall not directly or indirectly, or encourage, assist, permit or direct any third party to disassemble or otherwise reverse engineer ProtoXYZ LLC Products, or determine or attempt to determine, discover, or recreate any designs, structure, or techniques embodied in ProtoXYZ LLC Products.
The End User shall not directly or indirectly, or encourage, assist, permit or direct any third party to use ProtoXYZ LLC Products to collect, upload, transmit, display, print, extrude, deposit or distribute any content that forms illegal materials, is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
The End User shall not directly or indirectly, or encourage, assist, permit or direct any third party to use ProtoXYZ LLC Products to create, modify, or contribute to the creation or modification of any firearm slide, lower, upper, upper receiver, lower receiver, barrel, bolt, or any other firearm or ordnance component, in whole or in part, that is capable of containing pressures in excess of 500 PSI.
6. Electronic Communications
Visiting www.protoxyz.com or sending emails to ProtoXYZ LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
7. Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ProtoXYZ LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. ProtoXYZ LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
8. Children Under Thirteen
ProtoXYZ LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.protoxyz.com only with permission of a parent or guardian.
9. Cancellation/ Refund Policy
You may only cancel your order during the pending phase indicated by the user's status bar. Orders may not be canceled if the status bar indicates that the order enters the printing phase or later phases in the process. Prints may be subject to cancelation with/without warning if print orders subject our printers to damage or risk. All prints will be further evaluated after users place orders via protoxyz.com and may be subject to cancelations. In the instance where orders are subject to cancelations defined by the company users will be notified of the cancelations and will not be subjected to any charges. Refunds will be evaluated on a case-by-case basis and evaluated by the ProtoXYZ team. Incorrect prints and/or errors in the print resulting from a failure of the printer will be evaluated by the ProtoXYZ team. All refunds will be required proof of the failed job to access the failure of the printed goods and to determine the process in which a refund shall be administered. Failure to provide proof of failure may subject refunds to become indeterminate and may reject the refund process.
10. Links to Third Party Sites/Third Party Services
www.protoxyz.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ProtoXYZ LLC and ProtoXYZ LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ProtoXYZ LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ProtoXYZ LLC of the site or any association with its operators.
Certain services made available via www.protoxyz.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.protoxyz.com domain, you hereby acknowledge and consent that ProtoXYZ LLC may share such information and data with any third party with whom ProtoXYZ LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of www.protoxyz.com users and customers.
11. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ProtoXYZ LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ProtoXYZ LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ProtoXYZ LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ProtoXYZ LLC or our licensors except as expressly authorized by these Terms.
12. International Users
The Service is controlled, operated, and administered by ProtoXYZ LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ProtoXYZ LLC Content accessed through www.protoxyz.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless ProtoXYZ LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ProtoXYZ LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ProtoXYZ LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties in Massachusetts. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
15. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ProtoXYZ LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
16. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROTOXYZ LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PROTOXYZ LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROTOXYZ LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
17. Termination/ Access Restriction
ProtoXYZ LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ProtoXYZ LLC as a result of this agreement or use of the Site. ProtoXYZ LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ProtoXYZ LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ProtoXYZ LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ProtoXYZ LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Proto XYZ LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be 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 originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
18. Changes to Terms
ProtoXYZ LLC reserves the right, in its sole discretion, to change the Terms under which www.protoxyz.com is offered. The most current version of the Terms will supersede all previous versions. ProtoXYZ LLC encourages you to periodically review the Terms to stay informed of our updates.
ProtoXYZ LLC welcomes your questions or comments regarding the Terms:
128 Union Street
New Bedford, Massachusetts 02740