The information and any materials available on or from this website are protected by United States and international copyright laws and are the copyrighted works of Proto Labs, Inc. Any unauthorized use, copying, redistribution, reproduction, publication or modification of that information or materials may violate federal, state, or international trademark laws, common law, patent laws, and/or United States or international copyright laws and may subject such a violator to legal action.
Proto Labs®, ProtoQuote®, Protomold®, FirstQuote®, Firstcut®, and Fineline®, are the registered trademarks of Proto Labs, Inc. All other Proto Labs brand or product names or logos on this website, including Real Parts. Really Fast™ are the trademarks or registered trademarks of Proto Labs, Inc. The absence of a brand or product name or logo from this list does not constitute a waiver of any Proto Labs trademark or other intellectual property right concerning that name or logo.
Nothing contained on the website should be construed as granting, by implication, any license or right to use any Trademark displayed on the website without the written permission of Proto Labs, Inc.
We welcome you to the Proto Labs websites, including protolabs.com, protomold.com, firstcut.com and the other websites that display these Terms and Conditions of Use (collectively, the “Website”). The Website is operated by Proto Labs, Inc. ("Proto Labs", "we", or "us"), located at 5540 Pioneer Creek Drive, Maple Plain, Minnesota 55359.
Through the Website, you can obtain information about our services, request a quotation through our Proto Quote® or First Quote® online quoting tools, place orders for products and receive such other services as we may offer from time to time (collectively the “Services”). Your access to and use of the Website and the Services are subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.
We reserve the right to update or modify these Terms and Conditions at any time, without prior notice, by posting any such revised version of these Terms and Conditions behind the link marked "Terms and Conditions of Use" at the bottom of each page of this Website. Your continued use of the Website after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
Unless otherwise indicated, the Website and Services together with their design, text, content, and other matters related to the Website and Services ("Content") are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, and all rights therein are the property of Proto Labs, or third parties who have granted us permission to use their Content. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission. We grant you permission to lawfully access and use the Website to upload models, display, download, and archive and print, portions of the Website on a temporary basis for your individual use, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
Trademarks and Service Marks
All of Proto Labs’ logos, product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Proto Labs (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited. Quotations and goods or services produced may be covered by one or more of the following US patents: 6,701,200; 6,836,699; 7,590,466; 7,496,528; 7,123,986; 7,089,082; 7,630,783; 7,299,101; 7,574,339; 7,836,573; 7,840,443; 7,957,830; 8,140,401; 8,295,971; 8,239,284; 8,745,517.
You represent and warrant that you own or have the right to submit the design, drawing, model or prototype (“Model”) to use through the Website for the purpose of obtaining Services. You hereby grant Proto Labs a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the Services you have requested.
In the event that You modify contact information related to a Model, You further agree that you: a) are authorized or have authorized a person to modify contact information; b) have accurately entered all such contact information; c) You are solely responsible for the consequences of any errors in the entry of contact information; and d) You are solely responsible for all use of this website by anyone you designate to have access to such Models, including any changes made to Models.
PAYMENT AND FEES
You agree to pay all fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the ProtoQuote and Order Terms and Conditions of Sale (as applicable).
The Website may contain links to other websites maintained by Proto Labs or unrelated third parties. A link to a third party’s website does not mean that we approve, endorse or accept any responsibility for that website, or the use of products and services available through such website. We do not make any representations, or give any warranties, expressed, implied, or otherwise about third party websites.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, INCLUDING ANY QUOTES PRODUCTS OR SERVICES YOU RECEIVE FROM THIS WEBSITE, WHICH ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY MODELS SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which they are linked.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Proto Labs AND ITS PARENT, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS AND ASSIGNS, HEREBY EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED FIVE DOLLARS ($5.00).
Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you.
You represent that you are at least 18 years old. You agree to provide true, accurate, current and complete information about yourself.
You agree to use the Website in a manner consistent with any and all applicable laws, rules, regulations, and these Terms and Conditions. You agree not to upload or transmit through the Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
Your account, including your user name and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name or password by you or by anyone else using your user name and password, whether or not authorized by you. You will immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact us at [email protected]) and until we are so notified you will remain liable for any unauthorized use of your account.
Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. Proto Labs reserves all rights and remedies available to it. You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions and your access to and use of the Website.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Website (or any portion thereof) with or without notice. We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website.
Updated May, 2018
This Privacy Notice (the “notice”) sets out how we, Proto Labs, Inc. and each of its local and international subsidiaries, business units and sales offices from time to time (Group, we, us, our) process the personal data of individuals (each a “User”, “you”, “your”) who contact us or who use our websites, services, programs, content and related features (collectively, the “Services”) or who visit us at trade shows, events or at our premises.
This notice, together with our Conditions of Use and any other documents referred to in these documents, set out our views and practices regarding your personal data and how we will treat it. Please read these documents carefully. By visiting our website or using our Services, you acknowledge the processing described in this Notice, our Conditions of Use and related documents.
Our Services are not intended for children under the age of 13. We do not knowingly collect, use or disclose personal data from or about visitors under 13 years of age. If you are under the age of 18, you must obtain the consent of your parent or guardian to use our Services and to provide us with your personal data.
This version of our privacy notice was published in May 2018.
What are personal data?
“Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies, call recording and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.
What personal data do we process?
We may process the following personal data:
- Information provided by you. You may give us information about you by filling in forms such as the contact form on our website, subscribing to Services, requesting a quote, ordering a product, entering a contest, responding to a promotional campaign, responding to a survey, making applications in respect of job postings, uploading information, corresponding with us by e-mail, phone or otherwise. This information may include your name, email address, billing address, shipping address, phone number, position and place of employment, payment information, the content of any email you send to us and similar information.
- Information about others. You may also provide to us personal data relating to third parties, such as people who you work with, the person who pays for your orders, your friend if you use our referral service to tell a friend about our products, services or promotions, and other individuals.
- Information about your device.With regard to each of your visits to our website we may collect technical information about your device such as IP address, operating system, browser, time zone setting, the Internet address of the website from which you linked directly to our website, URL clickstream data, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
- Information from third party sources. This may include information received from credit reference agencies, shipping companies, our service providers and other third parties.
Generally, you are under no obligation to provide this information, but without it, we may be unable to provide you with some of our Services. Some personal data will be mandatory in order for us to comply with mandatory client due diligence processes before we are able to provide the Services.
Information about third parties should only be provided if you have demonstrable permission to do so or if the information is available in the public domain.
We will rely on the information provided by you as accurate, complete and up to date and you agree to ensure that this will be the case.
How do we use your personal data?
We will only process personal data, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications;
- providing the Services including our website and related features, sale of products and services, subscriptions and other Services;
- enabling suppliers and service providers to carry out certain functions on our behalf in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical and other functions, as applicable;
- allowing you to use features on our website, when you choose to do so;
- sending you personalised marketing communications as permitted by law or as requested by you. You have the right to unsubscribe by email to [email protected];
- serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below. You have the right to disable cookies as set out below;
- publishing marketing materials, such as User testimonials. If you wish to make the request that your testimonial be removed you may contact us at [email protected];
- operating contests, such as our Cool Idea Award Submission. Your submission and your personal data will be accessed by our Cool Idea judges and authorised personnel;
- connecting you to third party features, such as social media. Our Websites may include social media features, such as the Facebook “Like” button, or other functionality, such as the “share this” button. These features may collect your IP address or the page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy statement of the company providing them;
- contacting third parties, such as sending a friend referred by you a one-time invitation;
- ensuring the security of our business and preventing and detecting fraud;
- administering our business, including complaints resolution, troubleshooting of our website, data analysis, quality control, staff training, testing of new features, research, statistical and survey purposes;
- developing and improving our Services; and
- complying with applicable law, including in response to a lawful request from a court or regulatory body.
The legal basis for our processing of personal data for the purposes described above will typically include:
- processing necessary to fulfill a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs a), b), c), d) and j);
- your consent, such as processing for the purposes set out in paragraphs e), f), g), h) and j);
- processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs a), b), c), d), g), i), j),k), l) and m), which is carried out on the basis of our legitimate interests to ensure that Services are properly provided, ensure the security of our business and our Users and for the proper administration and development of our business;
- processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph n); and
- other applicable legal grounds.
The cookies placed on our website. For example, we may use the following cookies on our website:
- Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
- Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies. For example, this website uses Google Analytics to help analyze how Users use the website. The information generated by the cookie about your use of the website (including IP address) is transmitted to Google. This information is then used to evaluate Users’ use of the website and to compile statistical reports on website activity for the Group.
- Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
- Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
- Social Media cookies. These cookies allow you to connect with social media networks such as Facebook, twitter, LinkedIn and Google+. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
- Other cookies and similar technologies from time to time.
We may combine information from these types of cookies and technologies with information about you from other sources.
Cookie consent and opting out. By using our Services, we assume that you are happy to have us place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. Learn how to disable cookies for your browser here. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
You may also opt-out from third party cookies by selecting appropriate options on http://www.youronlinechoices.com/.
Disclosure of personal data
There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. These scenarios include disclosure to:
- our Group companies worldwide, including in the EU, USA, Japan and elsewhere;
- our suppliers and service providers to facilitate the provision of the Services, including webhosting, identity verification (in order to verify your identity against public databases), customer services, job application portal, payment platform, analytics, consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
- subject to appropriate legal basis such as consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
- payer, such as your employer or principal, who pays for our products and services;
- successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to our business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
- public authorities where we are required by law to do so; and
- other third parties where you have provided your consent.
International transfer of your personal data
We may transfer your personal data to a third party in countries outside the country in which the personal data were originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred across our group of companies in the US and other countries. Where this is the case, we will ensure that appropriate transfer mechanisms, such as standard contractual clauses, are in place to ensure an adequate level of data protection.
If we transfer personal data to private organisations abroad, such as our suppliers and service providers, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means, such as standard contractual clauses. You may contact us for a copy of such safeguards in these circumstances.
Retention of personal data
We retain personal data for as long as is necessary for the purposes listed above or longer as may be required by the law. Please contact us for further details of applicable retention periods.
We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Security of personal data
We will use appropriate technical and organisational information security measures to try to prevent unauthorised access to your personal data. Some of these measures include encryption software, firewalls, and use of Secure Socket Layers (SSL) protocols.
However, please be aware that the transmission of information via the internet is never completely secure. While we can do our best to keep our own systems secure, we cannot control the whole of the internet and we cannot therefore guarantee the security of your information as it is transmitted to and from our website.
Where you have created or received a password or verification link which enables you to access certain parts of our website or content, you are responsible for keeping such information confidential. We ask you not to share such information with anyone.
Third party sites
Third party policies for related services and offerings linked to or from our Services have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Since we do not have control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend you review their policies before you provide any personal data or complete any transaction with them.
Proto Labs® Cool Idea! Terms and Conditions The Proto Labs, Inc. (“Proto Labs”) “Cool Idea! Award Program” (“Program”) and participation therein is governed in all respects by these Terms and Conditions (“Terms”). By participating in the Program, each applicant fully and unconditionally agrees to be bound by and accepts these Terms and the decisions of Proto Labs and its Program personnel (including, without limitation, decisions regarding the eligibility of applicants, applications and submissions, the selection of Program award and other incentives recipients and honorable mention applicants, and the awarding of Program awards) which are final and binding in all respects.
The purpose of the Program is to provide start-up support to product designers with cool ideas. During the Program, Proto Labs will evaluate applicants and their submitted parts design ideas and make Program awards to applicants who have a cool parts design idea. A Program award will be a dollar amount, as specified by Proto Labs, that may be used towards Proto Labs’ services in manufacturing prototypes and/or parts for the applicant’s idea. Additionally, from time to time during the Program, Proto Labs may also recognize certain applicants who do not receive a Program Award for an Honorable Mention in the Program. As part of an Honorable Mention, an applicant will be eligible to receive a discount, as specified below, from Proto Labs that may be used towards Proto Labs’ services in manufacturing prototypes and/or parts for the applicant. The 2017 installment of the Program has concluded and the 2018 installment of the Program will commence January 1, 2018. The foregoing is only a general description of the Program, and the Program is subject to the full Terms set forth below.
If an applicant is an individual, the applicant must be a permanent legal resident of one of the fifty (50) United States or the District of Columbia, who have reached the age of majority in their state of residence and at least eighteen (18) years old. If an applicant is other than an individual, it must be a legal entity (for example, a limited liability company, a corporation, etc.) that is organized under the laws of one of the fifty (50) United States or the District of Columbia, and the individual registering the entity as an applicant must be a permanent legal resident of one of the fifty (50) United States or the District of Columbia, and at least eighteen (18) years old, and authorized to register the entity in the Program. This Program is void outside the fifty (50) United States and the District of Columbia, and where prohibited or restricted by law. Employees, officers and directors of Proto Labs and its parents, subsidiaries, divisions, affiliates, advertising, public relations agencies, promotion agencies, and outside judges, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer, director and outside judge are not eligible to apply or participate. An outside judge will not evaluate an entry submitted by an individual employed by the same organization that employs the judge. If a Program award cannot be awarded by Proto Labs to an individual applicant for any reason (including, without limitation, if corporate or other policies of the applicant’s employer preclude him/her from receiving an award), Proto Labs, in its sole discretion, may disqualify the applicant. The Program and any website pages and advertisements relating thereto is intended for viewing only within the United States and the District of Columbia, and applicants must be present in the United States or the District of Columbia at the time they register, apply and participate in the Program. The Program is void outside the fifty (50) United States and the District of Columbia, or where prohibited or restricted by law.
3. PROGRAM APPLICATION PERIOD
The Program will be conducted in four application periods throughout the calendar year. A Program application period begins every three months of a calendar year at 12:01 a.m. Central Time (“CT”) on the first day of January, April, July and October and ends at 11:59 p.m. CT on the last day of March, June, September and December (each a “Program Period”). See Program website for official start and end dates for each Program Period. Program applications submitted during a Program Period will be considered for a Program award in that Program Period only (subject to the judging period). Proto Labs has no obligation to consider a Program application submitted in one Program Period for any subsequent Program Period. Proto Labs has sole responsibility for determining if an entry has been successfully submitted during any particular Program Period.
4. HOW TO APPLY
- A “Program Design Idea” submission must meet the following requirements:
- It must be a design that can be additive manufactured, CNC machined or injection molded, that Proto Labs can manufacture;
- The design must be in the form of a 3D CAD model, and meet the upload requirements as set forth in the Program Website;
III. Any textual design specifications must be in English;
- The design must be entirely original to the applicant (an original creation is the product of one’s own mind created solely by the applicant, and is NOT a copy or imitation; modifying, enhancing or altering a third party’s preexisting work does not qualify as an applicant’s original creation);
- The design must NOT infringe, misappropriate or violate any right of any third party, including, without limitation, patent, trade secret, copyright, trademark or other intellectual property or proprietary right, and must NOT incorporate or include anything that would require the consent of any third party for the use of the applicant’s Program Design Idea pursuant to the rights granted by applicant in connection with the Program (including, without limitation, as contemplated by Section 5(b) below);
- The design must not be the subject of any actual or threatened litigation or claim;
VII. The design must NOT have been previously published or have won any other award;
VIII. The part must NOT be subject to ITAR (International Trade in Arms Regulations) or other export restrictions or be the subject of a government contract or grant; and
- The design must NOT be lewd, offensive or inappropriate. Compliance with all requirements shall be as determined by Proto Labs in its sole discretion.
- Each applicant represents and warrants that applicant’s Program Design Idea submitted in the Program meets the submission requirements set forth in Section 4(b) above. Each applicant hereby agrees to indemnify and hold Proto Labs and its parents, subsidiaries and affiliates, and the officers, directors, employees, agents, representatives, successors and assigns of each of them, harmless from and against any and all claims, demands, suits, judgments, losses, costs or expenses of any kind or nature whatsoever (including reasonable attorneys’ fees) arising directly or indirectly from any breach or alleged breach of any of the warranties, representations or agreements of applicant hereunder, or from applicant’s participation in the Program.
- Failure to submit all required information, materials, and submissions in the manner required in these Terms may result in disqualification. Proof of submission will not be deemed to be proof of receipt by Proto Labs. All applicants, registrations, Program Design Ideas and other submissions in this Program are subject to verification by Proto Labs. Each applicant agrees to cooperate with Proto Labs and its representatives in connection with any and all verification activities. Any applicant, registration, Program Design Idea or other submissions in this Program that does not comply with any aspect of these Terms, as determined by Proto Labs in its sole discretion, may be rejected by Proto Labs and the applicant disqualified.
5. SELECTION; NOTIFICATION; AWARD RECIPIENT OBLIGATIONS.
- An eligible applicant who has submitted a cool Program Design Idea, as determined by Proto Labs in its sole discretion, will be a potential Program award recipient. The criteria for selection of a Program award recipient and the selection of Program Award recipients will be as determined by Proto Labs and outside judges in their sole discretion. In making the determination as to a Program award recipient, Proto Labs and outside judges will also consider the relative effect of the Program award on an applicant’s overall project. Program award recipients will be as determined by Proto Labs and outside judges from time to time. In reviewing a Program application, Proto Labs and outside judges will also have the opportunity to ask questions of applicants. Applicants are responsible for all of their costs and expenses related to the Program, including, without limitation, designing and submitting their Program Design Idea.A potential Program award recipient must comply with all terms and conditions of these Terms, and receipt of a Program award is contingent upon fulfilling all requirements.
- A potential Program award recipient will be notified in person, or by phone, letter (by postal or overnight delivery) and/or e-mail. In order to claim a Program award, the potential award recipient will be required to execute and return to Proto Labs a notarized Affidavit of Eligibility, a Liability Release and a Publicity Release (an “Affidavit/Release”) in the form(s) provided by Proto Labs. For an applicant that is other than a natural person, the Affidavit/Release must be executed by an authorized representative of the applicant. THE AFFIDAVIT/RELEASE WILL CONTAIN A LICENSE BY THE APPLICANT IN FAVOR OF PROTO LABS AND ITS DESIGNEES TO UTILIZE THE APPLICANT’S PROGRAM DESIGN IDEA (INCLUDING, WITHOUT LIMITATION, THE DESIGN ITSELF AND MEMORIALIZATIONS OF PROTO LABS’ MANUFACTURING PROCESS FOR THE DESIGN) FOR PROTO LABS’ PROMOTIONAL AND/OR INFORMATIONAL PURPOSES IN ANY MANNER OR MEDIA (WHETHER NOW OR HEREAFTER EXISTING), ALL WITHOUT FURTHER PAYMENT, NOTICE, CONSIDERATION, ATTRIBUTION OR CONSENT; WHICH LICENSE WILL BE SET FORTH IN FURTHER DETAIL IN THE AFFIDAVIT/RELEASE. The Affidavit/Release must be returned to Proto Labs by the date and/or time indicated within the Affidavit/Release. If the potential award recipient cannot be contacted within ten (10) days of the first attempt to contact the potential recipient, or if the potential recipient fails to return the Affidavit/Release within the specified time, or if the potential recipient or the potential recipient’s design or other submissions are found to be ineligible, or if the potential recipient does not with the Terms, then the potential recipient may be disqualified. Proto Labs is not responsible for the failure of a potential recipient to receive Proto Labs’ notification or the required documents for any reason, or for the inability of such potential recipient to return the required documents for any reason.
6. PROGRAM AWARDS
- Subject to the terms and conditions of these Terms, up to an aggregate maximum total of $250,000 USD in awards may be awarded, on a combined basis, in the 2017 installments of the Program. The number of award recipients and the amount of each award in this Program will be as determined by Proto Labs in its respective sole discretion. If there are no or a limited amount of applicants with acceptable Program Design Ideas in this Program, then Proto Labs, in its sole discretion, may determine not to make any awards in the Program or make a limited amount of awards. The decision of Proto Labs, as regards the recipient(s) of any award in this Program, will be conclusive and binding upon the applicants; it will not be open to review or challenge. Proto Labs is not required to provide any reasons to support its decision.
- A Program award consists of and is limited to a dollar amount specified by Proto Labs. A Program award may only be utilized by a recipient for Proto Labs’ 3D printing, machining services and/or injection molding services in connection with the manufacturing of prototype(s) and/or parts by Proto Labs utilizing the award recipient’s Program Design Idea (for example, use can be to make a prototype or manufacture short-run production parts), and related shipping and handling costs. The prototype(s) and/or parts manufactured by Proto Labs for a recipient utilizing the recipient’s award must be for the recipient’s own use and cannot be resold by or at the direction of the recipient. A Program award must be fully utilized by a recipient within ninety (90) days after notice of the award is given by Proto Labs to the recipient. An award will be considered “utilized” when an order is placed by the award recipient with Proto Labs using the Program Design Idea submitted in connection with the Program. Unused components of an award shall be forfeited and have no redeemable cash value. All uses of an award are subject to Proto Labs’ then current standard Terms and Conditions of Sale, which are currently located at www.protolabs.com/quote-terms-and-conditions.
- Program awards are awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Proto Labs or for which Proto Labs shall be liable other than the standard express warranty made by Proto Labs to its customers with respect to parts manufactured by Proto Labs, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Awards are nontransferable, nonassignable, non-negotiable, and not redeemable for cash or credit. Awards must be accepted as awarded. No award substitutions, except by Proto Labs, who reserves the right (but has no obligation) to substitute an award (or a component thereof) with another award of equal or greater value if any applicable award (or a component thereof) is not available for any reason as determined by Proto Labs in its sole discretion. Each recipient is solely and fully responsible for any and all costs, fees, taxes, assessments, and expenses associated with an award, and its redemption, receipt and use, including, without limitation, all federal, state and local taxes on the award. If applicable, a Program award recipient will be issued an IRS Form 1099 for the amount of the award. Award recipients waive the right to assert as a cost of receiving an award any and all costs of verification and redemption or travel to redeem the award. Non-compliance with any of the foregoing and any other condition of this Program may result in disqualification and forfeiture of the award. Upon award forfeiture, no compensation will be given.
7. PROGRAM HONORABLE MENTIONS.
- From time to time during the Program, Proto Labs may also recognize certain applicants who do not receive a Program Award for recognition as an Honorable Mention in the Program. The criteria for selection of a Program Honorable Mention, and the selection of Honorable Mention applicants will be as determined by Proto Labs in its sole discretion. An applicant selected for Honorable Mention grants Proto Labs the right to use the applicant’s name, biography, likeness, hometown and state on Proto Labs’ websites (including the Program Website) for promotional purposes, worldwide, in perpetuity, and without notice, payment, attribution, consideration or consent; provided, however Proto Labs and applicant acknowledge that the right to use or display applicant’s Program Design Idea is specifically excluded from such grant for such purposes. A potential Honorable Mention applicant will be notified in person, or by phone, letter (by postal or overnight delivery) and/or e-mail.
- An Honorable Mention applicant will be eligible to receive a one-time discount that may be used towards a single order of Proto Labs’ services in manufacturing prototypes and/or parts for the applicant for the applicant’s Program Design Idea. The discount is for twenty-five percent (25%) of an order amount not to exceed $40,000 and a discount not to exceed $10,000 (e.g., if an order is made for $45,000, the maximum discount is $10,000 (25% * 40,000). To qualify, an order must be placed within six (6) months after an applicant’s notification by Proto Labs of Honorable Mention status, and the order is subject to Proto Labs’ then current standard Terms and Conditions of Sale. The discount is subject to the applicable restrictions, limitations and conditions of a Program Award as set forth in Section 7 (including, without limitation, use only for services utilizing the applicant’s Program Design Idea; no resale of prototypes or parts; warranty limitation; the discount is nontransferable, nonassignable, non-negotiable, and not redeemable for cash or credit; discount must be accepted as awarded, etc.). The recipient is fully responsible for any and all applicable federal, state and local taxes and assessments. Acceptance and use of discount is subject to all applicable federal, state and local laws, rules and regulations.
8. GENERAL CONDITIONS
Proto Labs reserves the right to require an applicant to complete, execute and deliver to Proto Labs additional documents at any time as required, in the forms provided, and within the timeframe required by Proto Labs, or the applicant may be disqualified. Proto Labs reserves the right to change or update these Terms based on its experience with the conduct of the Program and/or applicants’ response to the Program. Proto Labs also reserves the right, in its sole discretion, to terminate, modify or suspend the Program if, in Proto Labs’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Proto Labs’ reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Program, and in such event, Proto Labs reserves the right in its sole discretion (but does not have any obligation) to award an award or award(s) to a recipient or recipients based on the above Program award selection criteria from among eligible, non-suspect applications received up to the time of the suspected impairment. Any changes or updates in these Terms, or termination, modification or suspension of the Program will be as described on the Program Website. At the time of submission of Program materials, review the Terms as posted on the Program Website to review the then current Terms (which may include updates or changes after the initial or subsequent postings of these Terms). Proto Labs reserves the right in its sole discretion to disqualify any applicant it finds to be tampering with the application or submission process or the operation of the Program or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Program is a violation of criminal and civil laws, and, should such an attempt be made, Proto Labs reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Proto Labs’ failure to enforce any term of these Terms shall not constitute a waiver of that provision or any other provision of these Terms.
By participating in the Program, each applicant forever and irrevocably RELEASES, DISCHARGES, INDEMNIFIES AND HOLDS HARMLESS, Proto Labs and its parents, subsidiaries, divisions and affiliates; any and all persons and entities responsible for offering, operating, fulfilling, administering, advertising or promoting the Program or supplying any award, and the employees, officers, directors, owners, representatives, agents, heirs, successors, assigns and insurers of each of them (collectively, the “Releasees”) from and against all losses, claims, damages, liabilities, costs or expenses (collectively, “Losses”), arising in whole or in part, directly or indirectly, from the applicant’s application to and/or participation in the Program, and/or the applicant’s receipt or use of any award awarded in the Program. The foregoing release includes, without limitation, any and all LIABILITY, BODILY INJURY, DEATH, LOSS OR DAMAGE to applicant or any third party arising in whole or in part, directly or indirectly, from any award or the use of any award, the award, acceptance, possession, use or misuse of any award, and application and participation in the Program. Each applicant further COVENANTS NOT TO SUE any of the Releasees with respect to any matter addressed by the foregoing release, or encourage or assist any third party in doing so. This is a complete RELEASE and DISCHARGE of all claims and rights of each applicant against the Releasees and no action will be taken by or on behalf of an applicant with respect to any such claims and rights, it being understood that these Terms, including this Section 9, shall be binding upon each applicant, and his/her successors, assignees, subrogors, insurers, heirs, next of kin, executors, representatives, and legal and personal representatives.
10. LIMITATIONS OF LIABILITY
Proto Labs is not responsible for: (a) incorrect or inaccurate transcription of registration, application or Program information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected applications or applications received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the application process or the Program; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Program or the processing of applications; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from applicant’s participation in the Program, including but not limited to applicant’s computer, which may be caused, directly or indirectly, in whole or in part, from applicant’s participation in the Program, or from viewing, playing, uploading or downloading any material to or from Proto Labs’ website(s), regardless of whether the material was prepared by Proto Labs or a third party, and regardless of whether the material is connected to Proto Labs’ website by a hypertext link.
Applicant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Program, or the Program awards shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Minneapolis, Minnesota; applicant submits to sole and exclusive personal jurisdiction to said courts in the State of Minnesota for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will applicant be permitted to obtain awards for and applicant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of applicant or Proto Labs in connection with the Program shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Minnesota, United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
12. PROGRAM ADMINISTRATOR
The Program is offered and administrated by Proto Labs, Inc., 5540 Pioneer Creek Drive, Maple Plain, Minnesota 55359.