Please read these Terms of Use (“Terms”) carefully. They contain the
legal terms and conditions that govern your use of and access to our
websites, mobile sites, and mobile applications (collectively, our
“Sites and Apps”), as well as our provision of products and services.
Certain services, promotions and features may have additional terms and
conditions, and those additional terms and conditions are incorporated
herein by reference.
By visiting any of our Sites and Apps, you are signifying your assent to
these Terms and our Privacy Policy, which is incorporated herein by
reference. Any products ordered or services used through any of our
Sites and Apps are also governed by these Terms. We may revise these
Terms from time to time by posting a revised version. YOUR CONTINUED USE
OF ANY OF THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE
YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR
USING SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE
TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS, THE PRIVACY POLICY
AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.
NOTE: THE TERMS OF USE CONTAINS AN ARBITRATION AND CLASS ACTION WAIVER
PROVISION IN THE “ARBITRATION” SECTION BELOW THAT AFFECTS
YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY DISPUTE
BETWEEN YOU AND US OR OUR AFFILIATES.
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YOUR USE OF OUR SITES AND APPS
Except as expressly authorized hereunder, our Sites and Apps may not
be reproduced, duplicated, copied, sold, resold, visited,
reverse-engineered or otherwise exploited for any commercial purpose
without our prior written authorization. We reserve the right to
alter or discontinue our Sites and Apps, in whole or in part, at any
time in our sole discretion.
Subject to and conditioned upon your compliance with these Terms, we
grant to you a non-exclusive, non-transferable, limited right and
license, without right of sublicense, to access and use our Sites
and Apps, including any images, text, graphics, sounds, data, links
and other materials incorporated into our Sites and Apps (other than
your User Submitted Materials as defined below), solely as made
available by us and solely for your own personal purposes. Except as
expressly authorized by these Terms, you may not use, reproduce,
distribute, modify, transmit or publicly display any portion of our
Sites and Apps or create derivative works of any portion our Sites
and Apps without our written consent. While using any of our Sites
and Apps, you agree not to:
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Defame, abuse, harass, stalk, threaten or otherwise violate the
rights of others, including, without limitation, others’
privacy rights or rights of publicity;
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Impersonate any person or entity or use any fraudulent,
misleading or inaccurate email address or other contact
information;
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Restrict or inhibit any other user from using any of our Sites
and Apps, including, without limitation, by means of
“hacking” or defacing any portion our Sites and
Apps;
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Violate any applicable laws or regulations;
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Upload to, transmit through, or display on any of our Sites and
Apps (a) any material that is unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes our or any third party’s
intellectual property or other rights; (b) any confidential,
proprietary or trade secret information of any third party; or
(c) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or other unsolicited
commercial communication (except as otherwise expressly
permitted by us);
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Engage in spamming;
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Transmit any software or other materials that contain any
viruses, worms, trojan horses, defects, or other destructive
items;
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Modify, adapt, translate, distribute, reverse engineer,
decompile or disassemble any portion of our Sites and Apps; and
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Remove any copyright, trademark or other proprietary rights
notices contained in or displayed on any portion of our Sites
and Apps.
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Display adult nudity or inappropriate child nudity.
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Upload photographs of people who have not given permission for
their photographs to be uploaded to a share site.
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Use the Share Sites for the sale of goods or services.
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Post objectionable material, such as material containing hate or
malicious content or offers for adult services, or material
inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will
constitute a violation of these Terms, and in addition to any other
rights or remedies we may have, we may immediately terminate your
access to and use of our Sites and Apps.
Some features of our Sites and Apps may enable you to send and
receive transmissions. You acknowledge that we have no
responsibility or liability for any transmissions, and/or any
content included in such transmissions, sent or received by you. We
reserve the right, in our sole discretion and at any time, to set
limits on the number and size of any transmissions sent by or
received through our Sites and Apps and/or the amount of storage
space available for transmissions or for any feature made available
through our website.
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YOUR MEMBER ACCOUNT
You may create a member account with any of our Sites and Apps by
registering your name, providing certain information about yourself,
and creating a password. You agree that you will provide complete,
current and accurate information about yourself as requested, and
that you will keep that information up to date. You are responsible
for safeguarding the confidentiality of your username and password
that you use to access your member account on our Sites and Apps.
You agree not to disclose your username or password to any third
party. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY
ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU
HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately
notify us of any unauthorized use of your account on any of our
Sites and Apps.
In order to create a member account with any of our Sites and Apps,
you must be at least 18 years of age. You represent to us that you
are at least 18 years old. If you are not, please do not set up an
account with any of our Sites and Apps.
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MAKING PURCHASES
If you wish to purchase any products or services through any of our
Sites and Apps, we will ask you to supply certain information
applicable to your purchase, including, without limitation, payment
and other information. Any such information will be treated as
described in our Privacy Policy. All information that you provide to
us or our third-party payment processor must be accurate, current
and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL
RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO
INITIATE ANY TRANSACTION. You agree to pay all charges incurred by
you or any users of your account and credit card (or other
applicable payment mechanism) at the prices in effect when such
charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases. Verification of
information applicable to a purchase may be required prior to our
acceptance of any order.
Descriptions, images, references, features, content, specifications,
products, price and availability of any products or services are
subject to change without notice, and our current prices can be
found on our Sites and Apps. We make reasonable efforts to
accurately display the attributes of our products, including the
applicable colors; however, the actual color you see will depend on
your computer system, and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products
or services on our Sites and Apps at a particular time does not
imply or warrant that these products or services will be available
at any time. It is your responsibility to ascertain and obey all
applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale
of any item purchased through our Sites and Apps. By placing an
order, you represent that the products ordered will be used only in
a lawful manner. We reserve the right, with or without prior notice,
to limit the available quantity of or discontinue any product or
service; to honor, or impose conditions on the honoring of, any
coupon, coupon code, promotional code or other similar promotions;
to bar any user from making any or all purchase(s); and/or to refuse
to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our
delivery to our carrier. We reserve the right to ship partial orders
(at no additional cost to you).
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CONTESTS AND SWEEPSTAKES
In addition to the terms and conditions of these Terms, any
contests, sweepstakes, surveys, games or similar promotions
(collectively, “Promotions”) made available through our Sites and
Apps may be governed by specific rules that are separate from this
Agreement. By participating in any such Promotion, you will become
subject to those rules, which may vary from these Terms. We urge you
to review any specific rules applicable to a particular Promotion,
which will be linked from such Promotion, and to review our Privacy
Policy which, in addition to these Terms, governs any information
you submit in connection with such Promotion. To the extent that the
terms and conditions of such rules conflict with these Terms, the
terms and conditions of such rules will control.
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MOBILE APPLICATIONS
Before using any of our mobile applications (“App” or
“Apps”), we may ask you to install a valid copy of the
App on your mobile device, register for an account, input your
account information into the App as requested, and meet certain
hardware and connection requirements which may change as the App
evolves. You are responsible for any internet connection fees and/or
mobile carrier charges that you incur when accessing or using an
App. Should you uninstall an App from your mobile device, you may
not be able to use all or some of the features of the App. We use
reasonable efforts to accurately display the attributes of any
photographs in products that you order through an App, including the
colors of those photographs; however, the actual color you see is
dependent upon your mobile device, and we cannot guarantee that your
mobile device will accurately display such colors.
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WEB ADDRESSES (URLS)
As part of our services from our Sites and Apps, we may provide you
with access to and use of certain personalized pages and the
corresponding web addresses (URLs) you choose. However, we do not
guarantee the availability of any particular web page or URL, and we
reserve the right, at any time and in our sole discretion, to
reclaim, suspend, terminate and/or transfer any such web page or
URL. In such cases, we may, at our option, provide you with another
web page and URL.
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CUSTOM DESIGN SERVICES
One or more of our brands may offer you the opportunity to engage
with our designers (“Custom Design Services”) to create
a Custom Design for a specific product (“Custom Designed
Product”). By using the Custom Design Services, you agree you
are solely responsible (pursuant to Section 1 of these Terms) for
the materials you submit to us for the Custom Designed Product. You
grant us a fully paid, worldwide, non-exclusive right and license to
use your owned or licensed copyrights, logos, insignia, trademarks,
and other artistic designs contained in the specific materials
submitted to us for the purpose of providing the Custom Design
Services and the Custom Designed Product. You continue to own and
retain all rights, title and interest in and to your trademarks,
copyrights and other intellectual property contained in the Custom
Designed Product. We will own and retain all rights, title and
interest in and to the final Custom Design and the Custom Designed
Product. We will grant you a fully-paid, worldwide, non-exclusive
right and license to use the Custom Designed Product, provided you
have paid for the Custom Design Services in full. You are not
obtaining any intellectual property rights from us in the final
Custom Design or the Custom Designed Product. You may request the
Custom Design be applied to any of our current product offerings.
For other products, we may provide you with an electronic version of
the Custom Design for your personal use, subject to our sole
discretion and an additional fee will apply. If you would like to
make changes to your Custom Design or Custom Designed Product, our
customer service representatives are available to assist you.
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THIRD-PARTY SITES, SOFTWARE AND SERVICES
Our Sites and Apps may direct you to sites, software or services
owned or operated by third parties (“Third Party
Properties”). We have not reviewed all of the Third-Party
Properties to which you may be directed and we have no control over
such Third-Party Properties. We have no control over and are not
responsible for (a) the content and operation of such Third-Party
Properties, or (b) the privacy or other practices of such
Third-Party Properties. The fact that our Sites and Apps direct you
to such Third-Party Properties does not indicate any approval or
endorsement of any such Third-Party Properties. We direct you to
such Third-Party Properties only as a convenience. You are
responsible for the costs associated with such Third-Party
Properties, including any applicable license fees and service
charges. Accordingly, we strongly encourage you to become familiar
with the terms of use and practices of any such Third-Party
Properties.
Other sites may provide links to our Sites and Apps with or without
our authorization. We do not endorse such sites, and are not and
will not be responsible or liable for any links from those sites to
our Sites and Apps, any content, advertising, products or other
materials available on or through such other sites, or any loss or
damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES, SOFTWARE AND SERVICES
INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION,
DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE
THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND
IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH
SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to
block links to our Sites and Apps through technological or other
means without prior notice.
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SOCIAL MEDIA AND OTHER SERVICES
While using our services, you have the option of granting us access
to your account(s) with certain third-party social media and other
services, such as Facebook, Instagram, Picasa, Flickr, Twitter,
SmugMug, and others (each, an “SNS”). Provided an SNS
permits this, we can capture and make available on the Site and
through the Apps the photos and other content that you have stored
in your account(s) with such SNSs (“SNS Content”). By
granting us access to your SNS Content, you understand that we will
access, make available and store (if applicable) your SNS Content so
that it is available on the Site and through our Apps. We are not
responsible for any SNS Content stored on an SNS that you choose to
make available on the Site and through our Apps. Depending on the
SNS you choose and subject to the privacy settings you have set in
your SNS account(s), personally identifiable information that you
post to your SNS account(s) will be available on the Site and
through our Apps. Please note that if an SNS account becomes
unavailable or SNS terminates our access to your SNS account(s), any
Content from that SNS may no longer be available on the Site and
through our Apps. You have the ability to disable the connection
between the Site and Apps and your SNS account(s), at any time, by
accessing the “Settings” section of the Site and Apps.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR
RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND
THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S)
WITH SUCH SNS.
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MATERIALS SUBMITTED BY CUSTOMER
Any materials submitted by you, including, without limitation,
photographs, videos, images, text, graphics and other materials
(collectively, “User Submitted Materials”) are subject
to the following terms and conditions:
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You will retain ownership of such User Submitted Materials, and
you grant us and our designees a worldwide, non-exclusive,
transferable, royalty-free, perpetual irrevocable right and
license, with right of sublicense (through multiple tiers), to
use, reproduce, distribute (through multiple tiers), create
derivative works of and publicly display such User Submitted
Materials solely in connection with the production or provision
of any product or service you request or to show you how your
User Submitted Materials would appear in our products or
services. For example, when you place an order for a product, we
will prepare, manipulate (if necessary), and transmit the User
Submitted Materials for production, packaging and shipment.
Similarly, if you want to share a photo book with your friends
and family, we will accommodate your request by making your
photographs available to your friends and family to download
and/or to use and create projects of their own, and to purchase
products with those photographs.
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Please note that, while you retain ownership of your User
Submitted Materials, any template or layout in which you arrange
or organize such User Submitted Materials through tools and
features made available through any of our Sites and Apps are
not proprietary to you, and the rights to such template or
layout will remain with us.
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You represent and warrant that you own or otherwise possess all
necessary rights with respect to the User Submitted Materials,
and that the User Submitted Materials do not and will not
infringe, misappropriate, use or disclose without authorization
or otherwise violate any copyright, trade secret right or other
intellectual property or other property right of any third
party, and that the User Submitted Materials are not unlawful,
fraudulent, threatening, abusive, libelous, defamatory, obscene
or otherwise objectionable.
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You consent to the use of your likeness, and you have obtained
the written consent, release, and/or permission of every
identifiable individual who appears in User Submitted Materials
to use such individual’s likeness, for purposes of using
and otherwise exploiting the User Submitted Materials in the
manner contemplated by these Terms, or, if any such identifiable
individual is under the age of eighteen (18), you have obtained
such written consent, release and/or permission from such
individual’s parent or guardian (and you agree to provide
to us a copy of any such consents, releases and/or permissions
upon our request). If you do submit a submission that contains
the likeness of an identifiable individual under the age of
eighteen (18), we strongly encourage you not to include any
identifying information (such as the individual’s name or
address) with such User Submitted Materials.
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You consent to the use of your likeness, and you have obtained
the written consent, release, and/or permission of every
identifiable individual who appears in User Submitted Materials
to use such individual’s likeness, for purposes of using
and otherwise exploiting the User Submitted Materials in the
manner contemplated by these Terms, or, if any such identifiable
individual is under the age of eighteen (18), you have obtained
such written consent, release and/or permission from such
individual’s parent or guardian (and you agree to provide
to us a copy of any such consents, releases and/or permissions
upon our request). If you do submit a submission that contains
the likeness of an identifiable individual under the age of
eighteen (18), we strongly encourage you not to include any
identifying information (such as the individual’s name or
address) with such User Submitted Materials.
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You agree to indemnify and hold us, our directors, officers,
shareholders, employees, contractors, agents, representatives,
affiliates, and third party users harmless from and against any
and all claims, causes of action, liabilities, damages, losses,
expenses and costs (including, without limitation,
attorneys’ fees) that arise directly or indirectly out of
or from: (i) your violation of these Terms, any other agreement
or terms of use with us, any representation or warranty
contained herein or therein or any applicable law; (ii) your
User Submitted Materials; (iii) your activities in connection
with obtaining any products or services from us, or (iv) any
activity related to access to or use of your account by you or
any other person.
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User Submitted Materials that violate these Terms may be removed
from our Sites and Apps; provided, however, that we have no
obligation to remove User Submitted Materials in response to
user reports or requests. We are not responsible for, and will
have no liability for, the removal, non-removal or loss of any
User Submitted Materials from our Sites and Apps. We recommend
you keep back-up copies of your User Submitted Materials on your
hard drive or other personal system.
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COPYRIGHT ISSUES
While we are not obligated to review User Submitted Materials for
copyright infringement, we are committed to protecting copyrights
and expect users of our Sites and Apps to do the same. The Digital
Millennium Copyright Act of 1998 (the “DMCA”) provides
recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that any material used or displayed on or
through our Sites and Apps infringes your copyright, you (or your
agent) may send us a notice requesting that the material be removed,
or access to it blocked. The notice must include the following
information: (a) a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed (or if multiple copyrighted works are
covered by a single notification, a representative list of such
works); (c) identification of the material that is claimed to be
infringing or the subject of infringing activity, and information
reasonably sufficient to allow us to locate the material on our
Sites and Apps; (d) the name, address, telephone number and email
address (if available) of the complaining party; (e) a statement
that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the
copyright owner, its agent or the law; and (f) a statement that the
information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed. If
you believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to send us
a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our
Sites and Apps, contact our customer care by visiting
this page.
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FORUMS
We may permit you to share your User Submitted Materials with other
users, including, without limitation, to our user comment
functionality, online image share feature and our public gallery,
user forums and blogs (collectively, “Forums”). Some
Forum participants may use anonymous screen names and may have no
other connection with us or any of our family of brands. A large
volume of material is available in our Forums and Forum participants
may occasionally post messages or make statements, whether
intentionally or unintentionally, that are inaccurate, misleading or
deceptive, or provide content that may be objectionable to you. We
neither endorse nor are responsible for such messages, statements,
or content, or any opinion, advice, information or other utterance
made or displayed by third parties, whether such third parties are
users of our Sites and Apps or others. The opinions expressed in the
Forums reflect solely the opinions of the participants and may not
reflect the opinions of us or any of our family of brands. We are
not responsible for any errors or omissions in articles or postings,
for hyperlinks embedded in messages or for any results obtained from
the use of such information. Under no circumstances will we, our
directors, officers, shareholders, employees, contractors, agents,
representatives, affiliates, or third-party users be liable for any
loss or damage caused by your reliance on such information obtained
through our Forums. We may, but have no obligation to, monitor the
Forums and any materials displayed, transmitted or otherwise made
available on or through the Forums or otherwise through our Sites
and Apps.
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DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR
PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN,
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS,
REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER
THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.
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SAFETY SIGNS DISCLAIMER
The customer is solely responsible for (a) identifying the
appropriate precautions, including signage materials, language, and
designs necessary to comply with any applicable local, state, and
federal laws or regulations, including ANSI and/or OSHA standards
and (b) adequately warning invitees, employees, and the public of
any hazards. In some cases, a sign may not provide an adequate
safety precaution. The Company is not a safety expert and disclaims
any and all liability that the template designs offered on our
Site(s) or App(s) are sufficient to cover any specific hazard. The
Company does not have responsibility to notify customers about
changes in the law after sale. Customer shall hold The Company and
its corporate parent and its employees harmless from all claims,
loss or expense (including attorneys` fees) related to the purchase
and use by customer for any sign purchased through The Company.
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RETURNS
We are committed to quality products and your satisfaction is 100%
guaranteed. If for any reason you are not satisfied with your order,
please contact us so we can make it right. Due to the
nature of the product, no returns can be made once the order is
processed and/or shipped. Any claims for defects, damages, or
shortages must be made in writing within five (5) business days
after receipt of the merchandise. We will replace only those orders
that were processed incorrectly. The replacement of the order will
take place only after the receipt of returned merchandise. We will
not replace the order if it is determined by us that the order was
misused or mishandled by the buyer or part of the order was used by
the buyer and a portion of the order is being returned.
User acknowledges that Customer Service related to the purchases
made on the site will be provided by The Company. Because each item
is custom-made, all sales are final. Products are sold as is.
Returns are not accepted except under special circumstances with
preapproval and authorization by The Company.
Your satisfaction is our number one priority. If your order is
flawed because of a mistake on our part, we'll replace it as
quickly as possible at no additional cost to you. In many
cases, you won't have to return your order. However, quality is
very important to us, so we may ask you to return the order so we
can review the mistake. If you're unhappy with your
order because of a mistake on your part, such as a low-resolution
image or misspelled word, we'll help you fix it and share the
cost of replacing it.
If you made a mistake or changed your mind and wish to receive a
refund, you must return the merchandise and a 50% return fee will
apply. We reserve the right to issue store credit (rather
than a refund). To contact our customer care, please visit
this page.
If your order arrives in less than satisfactory condition, take a
digital photo of the item and the shipping container it arrived in,
attach them to an email and contact our customer care, please visit
this page contact information. Please
include in the body of the email: your order number, the shipping ID
or item number, a brief description of the reason for the return,
and let us know whether you are seeking a replacement or a refund.
Your request will be processed within 2-5 business days and you will
receive an email letting you know your replacement is under
production or your refund is being processed. We strongly
encourage you to return your item via a trackable
method. A return request must be submitted before
returning merchandise to be eligible for a replacement. To submit a
return request, please call our Customer Service at
713-647-0052. We are unable to issue refunds for return
shipping charges. Please allow 3-5 business days once we receive
your return for your refund to be processed.
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LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR
ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE
“COMPANY PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR
ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR
RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE)
PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY
ACKNOWLEDGE THAT THE COMPANY PARTIES ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. FURTHERMORE, THE COMPANY PARTIES WILL HAVE NO
LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT
UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH
PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY
FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM
LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING IN ANY
WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES
SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME
OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
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POLICY FOR IDEA SUBMISSION
Many of our customers are interested in submitting ideas and
suggestions for products and services to be used at our Sites and
Apps, either independently of, or in conjunction with, our
internally developed concepts. We appreciate our customers’
interest in improving our Sites and Apps; however, please note that
any such ideas or suggestions that you submit will be owned by us,
and you hereby irrevocably assign any intellectual property rights
in such ideas and suggestions to us. If you intend to retain any
intellectual property rights in your ideas and suggestions (patent,
trade secrets, copyright, trademark, etc.), please do not submit
them to us without our prior written approval.
You can inquire regarding such approval by sending a letter to The
Company, Attn: Ideas, 1765 Stebbins Dr, Houston,
TX 77043. If we are interested in pursuing any idea or
suggestion of yours, we will contact you. Please note that an
additional legal agreement may be required by us in order to
evaluate your idea or suggestion.
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INTELLECTUAL PROPERTY NOTICES
Portions of our Sites and Apps are covered by the U.S. Patents and
by other issued U.S. patents, pending U.S. patent applications and
all Trademarks. Our Sites and Apps are ©1982-2022 The COMPANY. All
rights reserved.
All trademarks and service marks on any of our Sites and Apps not
owned by us are the property of their respective owners. The Company
owns the registered trademarks and logos. The trade names,
trademarks and service marks owned by us, whether registered or
unregistered, may not be used in connection with any product or
service that is not ours, in any manner that is likely to cause
confusion. Nothing contained on any of our Sites and Apps should be
construed as granting, by implication, estoppel or otherwise, any
license or right to use any of our trade names, trademarks or
service marks without our express prior written consent.
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JURISDICTIONAL ISSUES
Our Sites and Apps are controlled and operated from the United
States. Our Sites and Apps are not subject to the laws or
jurisdiction of any state, country or territory other than that of
the United States. We do not represent or warrant that any of our
Sites and Apps, products, and/or services or any part thereof is
appropriate or available for use in any particular jurisdiction.
Those who choose to access our sites and apps do so on their own
initiative and at their own risk, and are responsible for complying
with all applicable laws, rules and regulations. We may limit the
availability of our Sites and Apps, in whole or in part, to any
person, geographic area or jurisdiction we choose, at any time and
in our sole discretion.
-
MISCELLANEOUS
These Terms are governed by and construed in accordance with the
laws of the State of Texas, United States of America, without
regards to its conflict of law provisions. You agree to submit to
the exclusive jurisdiction of any State or Federal court located in
the County of Harris, Texas, United States of America, and waive any
jurisdictional, venue or inconvenient forum objections to such
courts. If any provision of these Terms, or the application thereof
to any person, place or circumstance, will be held by a court of
competent jurisdiction to be invalid, void or otherwise
unenforceable, such provision will be enforced to the maximum extent
possible, or, if incapable of such enforcement, will be deemed to be
deleted from these Terms, and the remainder of these Terms and such
provisions as applied to other persons, places and circumstances
will remain in full force and effect. No waiver by either party of
any breach or default hereunder will be deemed to be a waiver of any
preceding or subsequent breach or default, nor will any delay or
omission on the part of either party to exercise or avail itself of
any right or remedy that it has or may have hereunder operate as a
waiver of any right or remedy. This is the entire agreement between
us relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral agreements between us with
respect to such subject matter. These Terms are not assignable,
transferable or sublicenseable by you except with our prior written
consent. These Terms may not be modified or amended except as set
forth in the introductory section of these Terms. Any heading,
caption or section title contained in these Terms is inserted only
as a matter of convenience and in no way defines or explains any
section or provision hereof. If you have any questions or comments
regarding these Terms, contact our customer care by visiting
this page
-
TERMINATION
Either you or we may terminate your access to our Sites and Apps and
to your account at any time, with or without cause, and with or
without prior notice. Without limiting the foregoing, we may
terminate your access if you violate these Terms. Upon termination
for any reason, your right to access and/or use our Sites and Apps
will immediately cease. Upon termination, you will have no further
access to, and we may delete, any information, files or materials in
or related to your account, including, without limitation, any User
Submitted Materials. Upon termination, the Company may delete all
information, files and materials related to your account, including
any User Submitted Materials, and we will have no obligation
whatsoever to save or make any such information, files or materials
available to you. You agree that we will have no liability
whatsoever to you or any other party as a result of a termination of
your access our Sites and Apps and to your account and/or as a
result of the deletion or loss of any information, files or
materials in or related to your account.
-
ARBITRATION AGREEMENT
If you are a Company customer in the United States (including its
possessions and territories), you and the Company agrees that any
dispute, claim or controversy arising out of or relating in any way
to the Company service, these Terms of Use and this Arbitration
Agreement, shall be determined by binding arbitration or in small
claims court. Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than in court, and is subject to
very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. You agree that, by
agreeing to these Terms of Use, the U.S. Federal Arbitration Act
governs the interpretation and enforcement of this provision, and
that you and the Company are each waiving the right to a trial by
jury or to participate in a class action. This arbitration provision
shall survive termination of this Agreement and the termination of
your Company account.
If you elect to seek arbitration or file a small claim court action,
you must first send to the Company, by certified mail, a written
Notice of your claim (“Notice”). The Notice to the
Company must be addressed to: Horizon Worldwide Corporation, General
Counsel, 1765 Stebbins Drive, Houston, Texas 77043 (“Notice
Address”). If the Company initiates arbitration, it will send
a written Notice to the email address used for your account. A
Notice, whether sent by you or by the Company, must (a) describe the
nature and basis of the claim or dispute; and (b) set forth the
specific relief sought (“Demand”). If the Company and
you do not reach an agreement to resolve the claim within 30 days
after the Notice is received, you or the Company may commence an
arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate
arbitration at www.adr.org.
If you are required to pay a filing fee, after the Company receives
notice at the Notice Address that you have commenced arbitration,
the Company will promptly reimburse you for your payment of the
filing fee, unless your claim is for greater than US$10,000, in
which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules
and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by this Agreement, and
will be administered by the AAA. The AAA Rules and Forms are
available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice
Address. The arbitrator is bound by the terms of this Agreement. All
issues are for the arbitrator to decide, including issues relating
to the scope and enforceability of this arbitration agreement.
Unless the Company and you agree otherwise, any arbitration hearings
will take place in the county of your residence.
If your claim is for US$10,000 or less, we agree that you may choose
whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a telephonic hearing,
or by an in-person hearing as established by the AAA Rules. If your
claim exceeds US$10,000, the right to a hearing will be determined
by the AAA Rules. Regardless of the manner in which the arbitration
is conducted, the arbitrator shall issue a reasoned written decision
sufficient to explain the essential findings and conclusions on
which the award is based. If the arbitrator issues you an award that
is greater than the value of the Company’s last written
settlement offer made before an arbitrator was selected (or if the
Company did not make a settlement offer before an arbitrator was
selected), then the Company will pay you the amount of the award or
US$1,000, whichever is greater. Except as expressly set forth
herein, the payment of all filing, administration and arbitrator
fees will be governed by the AAA Rules.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and the Company agree
otherwise, the arbitrator may not consolidate more than one
person’s claims with your claims, and may not otherwise
preside over any form of a representative or class proceeding. If
this specific provision is found to be unenforceable, then the
entirety of this arbitration provision shall be null and void. The
arbitrator may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s
individual claim.
If you are a Company customer in the United States (including
its possessions and territories), you and the Company agree
that any dispute, claim or controversy arising out of or relating in any
way to the Company service, these Terms of Use and this Arbitration
Agreement, shall be determined by binding arbitration or in small claims
court. Arbitration is more informal than a lawsuit in court. Arbitration
uses a neutral arbitrator instead of a judge or jury, allows for more
limited discovery than in court, and is subject to very limited review
by courts. Arbitrators can award the same damages and relief that a
court can award. You agree that, by agreeing to these Terms of Use, the
U.S. Federal Arbitration Act governs the interpretation and enforcement
of this provision, and that you and the Company are each
waiving the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination of this
Agreement and the termination of your Company account.
If you elect to seek arbitration or file a small claim court action, you
must first send to the Company, by certified mail, a written Notice
of your claim (“Notice”). The Notice to the
Company must be addressed to:, Horizon Worldwide Corporation,
General Counsel, 1765 Stebbins Drive, Houston, Texas
77043 (“Notice Address”). If the
Company initiates arbitration, it will send a written Notice to the
email address used for your account. A Notice, whether sent by you or
by the Company, must (a) describe the nature and basis of the claim
or dispute; and (b) set forth the specific relief sought
(“Demand”). If the Companyand you do not reach an
agreement to resolve the claim within 30 days after the Notice is
received, you or the Company may commence an arbitration
proceeding or file a claim in small claims court.
The arbitration will be governed by the Commercial Arbitration Rules and
the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration
Association (“AAA”), as modified by this Agreement, and will
be administered by the AAA. The AAA Rules and Forms are available online
at www.adr.org, by calling the
AAA at 1-800-778-7879, or by writing to the Notice Address. The
arbitrator is bound by the terms of this Agreement. All issues are for
the arbitrator to decide, including issues relating to the scope and
enforceability of this arbitration agreement. Unless the
Company and you agree otherwise, any arbitration hearings will take
place in the county of your residence.
If your claim is for US$10,000 or less, we agree that you may choose
whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a telephonic hearing, or
by an in-person hearing as established by the AAA Rules. If your claim
exceeds US$10,000, the right to a hearing will be determined by the AAA
Rules. Regardless of the manner in which the arbitration is conducted,
the arbitrator shall issue a reasoned written decision sufficient to
explain the essential findings and conclusions on which the award is
based. If the arbitrator issues you an award that is greater than the
value of the Company’s last written settlement offer made
before an arbitrator was selected (or if the Company did not
make a settlement offer before an arbitrator was selected),
then the Company will pay you the amount of the award or
US$1,000, whichever is greater. Except as expressly set forth herein,
the payment of all filing, administration and arbitrator fees will be
governed by the AAA Rules.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,
unless both you and the Company agree otherwise, the
arbitrator may not consolidate more than one person’s claims with
your claims, and may not otherwise preside over any form of a
representative or class proceeding. If this specific provision is found
to be unenforceable, then the entirety of this arbitration provision
shall be null and void. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that
party’s individual claim.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY
OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS,
AGENTS, REPRESENTATIVES, OR AFFILIATES (THE COMPANY PARTIES”)
SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT
LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR
RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS
OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE
COMPANY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE COMPANY PARTIES
WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY
CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION
WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY
FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF
THE COMPANY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR
PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE
ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR
CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
These Terms are governed by and construed in accordance with the laws of
the State of Texas, United States of America, without regards to its
conflict of law provisions. You agree to submit to the exclusive
jurisdiction of any State or Federal court located in the County of
Harris, Texas, United States of America, and waive any jurisdictional,
venue or inconvenient forum objections to such courts. If any provision
of these Terms, or the application thereof to any person, place or
circumstance, will be held by a court of competent jurisdiction to be
invalid, void or otherwise unenforceable, such provision will be
enforced to the maximum extent possible, or, if incapable of such
enforcement, will be deemed to be deleted from these Terms, and the
remainder of these Terms and such provisions as applied to other
persons, places and circumstances will remain in full force and effect.
No waiver by either party of any breach or default hereunder will be
deemed to be a waiver of any preceding or subsequent breach or default,
nor will any delay or omission on the part of either party to exercise
or avail itself of any right or remedy that it has or may have hereunder
operate as a waiver of any right or remedy. This is the entire agreement
between us relating to the subject matter herein and supersedes any and
all prior or contemporaneous written or oral agreements between us with
respect to such subject matter. These Terms are not assignable,
transferable or sublicenseable by you except with our prior written
consent. These Terms may not be modified or amended except as set forth
in the introductory section of these Terms. Any heading, caption or
section title contained in these Terms is inserted only as a matter of
convenience and in no way defines or explains any section or provision
hereof. If you have any questions or comments regarding these Terms,
please contact our customer care by visiting
this page
