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This Terms of Service Agreement (“Agreement”) is a binding legal contract between Signs and Printing, LLC, an Arizona limited liability company (“we”, “us”, “our” or “Company”) and you (“you”, “your” or “User”) as a user of the Site and/or a purchaser of the products or services made available to you through our Site (which, together with the Site, shall be collectively and individually referred to as the “Services”).
When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. This Agreement constitutes the entire agreement between you and us, superseding any and all prior or inconsistent understandings, oral representations or agreements regarding the Services. You warrant and represent that, with the exception of representations contained in this Agreement, you are not relying on any representations, whether oral or otherwise. In consideration for your use of the Site, you represent and warrant you are 18 years of age or older and are not a person barred from receiving any Services or purchasing any of our products under the laws of the United States or other applicable jurisdiction to you. You also agree to provide true, accurate, current and complete information when and if prompted by the relevant portions of the Site.
Before you are permitted to purchase any product through the Site, you will be asked to click “I agree” on our online order form, which means you are affirming that you have read and understand this Agreement and agree to be legally bound by its terms. If you do not agree to be bound by this Agreement, do not use this Site and do not click “I agree”.
- RIGHT TO TERMINATE OR BLOCK ACCESS
We reserve the right, in our sole and absolute discretion, to terminate, block or restrict your access to, or use of, the Site for any breach or suspected violation of any provision of this Agreement, for any reason, or no reason at all. We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. Without liability to you, we may, in our sole and absolute discretion, cancel your order and/or void transactions at any time, without notice and for any reason or no reason at all. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Subject to our refund policy, termination is your sole right and exclusive remedy if you are not satisfied with the Services or any specific product. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
- POTENTIAL LEGAL CONCERNS; INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You specifically warrant and represent that you will abide by all applicable intellectual property laws, including any applicable copyright or trademark laws, when using the Services and/or ordering products through the Site. Simply put, when ordering a product, you tell us what to print, we print what you tell us, and you are fully responsible for what you tell us to print, and you warrant and represent that you are not violating any law or contractual obligation by using any Service we offer. To the extent you can assert any intellectual property rights in the products we print for you, you hereby grant Company a perpetual, royalty-free, nonexclusive, and irrevocable license to reproduce, translate, publish, use, and dispose of, and to authorize others so to do, any and all such material, without limitation. You warrant and represent that Company shall not be liable to you or any third party as a result of any similarities between the products created for you and those that may be sold or distributed to others in the future.
- AVAILABILITY, ERRORS AND INACCURACIES ON THE SITE
The information and content appearing on the Site may include technical, typographical, or photographic errors. We do not warrant that any of the content on the Site is accurate, complete, or current. We may make changes to the content contained on the Site at any time without notice. We do not, however, make any commitment to update any content or information.
We reserve the right to modify the terms of this Agreement or any other terms and conditions on the Site at any time, without notice, and it is your responsibility to periodically review the Site, along with this Agreement, for revisions. Revisions to terms and conditions on the Site and/or this Site become effective immediately upon posting (the “Effective Date”). By using the Site, you are agreeing to be bound by the most current version of these terms.
If you create an account with us and/or make a purchase through the Site, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- INTELLECTUAL PROPERTY
All content, features and functionality on the Site are and will remain the exclusive property of Company and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company. To the extent any such intellectual property or Service is not protected by copyright or trademark law, you represent and warrant that all protections shall apply as a matter of contract, and that Company shall be entitled to all such rights and remedies. All rights not expressly granted herein are fully reserved by the Company and its licensors. Except as may be explicitly permitted through this Site or necessary for your use of the Site as intended by Company, you agree not to save, download, copy and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from the Site.
- LINKS TO OTHER WEBSITES
Our Services may contain links to third-party websites or services that are not owned or controlled by Company. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any such third-party websites.
You agree to defend, indemnify and hold harmless Company and its licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions contained in this Agreement and/or the Site, (b) your use of the Services or any product purchased through the Site, and/or (c) the use of the Services by any other person using your identification, credit/debit cards, and/or account.
- LIMITATION OF LIABILITY
In no event shall Company, nor its directors, employees, partners, agents, suppliers, contractors or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party related to the Services; (iii) any content or products obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
Your use of the Site and/or any products or Services is at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services and any products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Company, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Site will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Site is free of viruses or other harmful components; or (d) the results of using the Site will meet your requirements.
- LIMITATION OF LIABILITY AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES NOR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE, ANY PRODUCTS OR ANY SERVICES, REGARDLESS IF CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE OF COMPANY AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND THE MONETARY AMOUNT YOU PAID FOR THE SERVICES AND/OR PRODUCTS.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE, ANY PRODUCTS OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
IF YOU ARE A CALIFORNIA RESIDENT THEN BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
- RETURN POLICY AND RELATED INFORMATION
Due to the customized nature of our Services where we print and deliver your content, we do not offer any refunds. All sales are final. Please carefully review the spelling, text, formatting, placement, color, font, size, etc. you input before placing your order with us. You warrant and represent that you understand that we sell custom products made-to-order and that all sales are final. Under no circumstances will we be responsible for errors or omissions you make in communicating your order to us.
You agree to pay for any and all purchases made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys’ fees resulting from any non-payment.
Refunds may be issued in the following circumstances only: If we have not yet started to work on your order, you may request a cancellation by emailing us at email@example.com. Please note that a $25 cancellation fee may be applied to cover any cancellation fees and production time associated with your product and purchase, and such fee will be withheld from any refund issued.
We are not responsible for the performance of any shipping couriers (UPS, DHL, USPS, etc.). Once your package is picked up by a shipper, the shipping process is out of our control. If the shipper cannot locate your address or if you are unavailable to sign for your package, or if for any reason your package does not arrive within your requested timeframe, we will not be held responsible.
If we make a mistake, your remedy is limited to us correcting our mistake and reshipping the corrected order to you using your original shipping information. If you receive your order and recognize a mistake that we are responsible for, you must email us a description of the errors on your order within 30 days; we will notify you via email whether we agree to accept responsibility and then act accordingly.
You acknowledge and agree that color reproduction may vary greatly among different computer monitors and/or printers. We will use commercially reasonable efforts when attempting to match colors; however, there may be slight or even significant variants in color between the digital proofs and the final, printed product. You release and discharge us from any and all liability regarding color variation or any similar issue.
- Choice of Law and Forum. This Agreement shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. All disputes related to this Agreement or any Services shall be resolved by litigation in the federal or state courts located in the State of Arizona, USA, Maricopa County, and each Party irrevocably consents to the jurisdiction of such courts and hereby waives any jurisdictional or venue defenses available for any and all disputes between the parties, whether related to this Agreement, the Services, or otherwise, and whether the dispute sounds in tort, contract, or otherwise.
- Waiver. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
- Survival. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
- Attorneys’ Fees. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
- Force Majeure. Company shall not be responsible for, or be considered in breach or default of this Agreement, on account of any failure to perform or delay in the performance of any obligation hereunder caused by the death or disability of a member of Company, an act of God, fire, war, act of terrorism, insurrection, riot, labor disturbance (including strike and lockout), equipment malfunction, computer hacker, cut wire or fiber, governmental regulation or interference or other events not within the reasonable control of Company, regardless of whether such events or interference could or should have been completed.