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Terms of Service
The following terms and conditions of use (the "Terms") govern your use of this website (the “Site”) and the Service (defined below) we (the provider of this Site) provide through the Site. These Terms describe your rights and responsibilities and what you can expect from the Service. Use of the Site and the Service constitutes your acceptance of these Terms.
We reserve the right to change any of these Terms at any time by posting a change notice or a new agreement on the Site. In the event of substantive changes to these Terms, you may be notified by email. Your continued use of the Site following posting of a change notice or new Terms on the Site will constitute binding acceptance of the change(s).
1. The Service. Through the Site, we provide you with the ability to browse, select, design, create and purchase embroidered and printed merchandise (the "Service"). If you submit an order via our on-line design and ordering process and pay us the appropriate fees described on the on-line order form you submit to us, we will produce the customized products based on your design input ("Product") and deliver them to you at the shipping address specified in your order. We are not responsible for quality problems based on errors made during design. Our available merchandise offerings may change from time-to-time, at our discretion. We may modify the Service at any time with or without notice to you, and without liability to you or any third party.
2. Your Account. To purchase Products, you must create a user account ("Account") by completing the registration form and providing an email address and the other requested user information ("Registration Data"). You will choose a password during the registration process. We will deliver to you a confirmation email when your registration has been accepted and your Account created. You are responsible for maintaining the confidentiality of the password and your Account, and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify us of any unauthorized use of your password or Account. We will not be liable for any loss or damage arising from your failure to maintain the security of your Account. You agree to: (a) provide accurate, current and complete information about yourself as prompted by the Service's registration form; and (b) maintain the Registration Data as necessary to keep it accurate and up-to-date. If we have reasonable grounds to suspect your Registration Data is inaccurate, incomplete or not current, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Service.
3. Use. Upon our acceptance of your account registration, you are granted a limited, revocable, non-exclusive right to access and use the Site and the Service in accordance with these Terms. The right is personal to you and you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Service, or access to the Service. Any use of the Site in a manner that exceeds the scope of the rights granted to you is expressly prohibited. All intellectual property rights in and to all aspects of the Site and its contents, the Services and the technology used to provide the Services, is the sole and exclusive property of us, our service providers, and our licensors.
4. Prohibited Use. You may not use the Service or your Account to create Products that violate any rights of another person or entity, including any copyright, trademark or other intellectual property right or right of privacy or publicity, or that are threatening, libelous, obscene, harassing or offensive in any manner. You are solely responsible for any liability associated with your failure to comply with this provision.
5. Monitoring. We reserve the right, but do not assume the obligation, to monitor transactions that occur through the Site. If we determine, in our sole and absolute discretion, that you will breach a term or condition of these Terms or that such transaction is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
6. Privacy Policy. Registration Data and certain other information about you that you provide to us via the Site or that is otherwise collected by the Site is subject to our Privacy Policy located in the footer section of each web page, which is incorporated into these Terms by reference.
7. Product Inspection. You may take up to 15 days after delivery of the Products in which to inspect the Products and notify us of any material defects in material or workmanship thereof (as delivered). If you find such a defect in the Products and notify us thereof within the 15 day period described above, your sole and exclusive remedy and our sole obligation will be for us to deliver a replacement Product to you at no additional charge.
8. Disclaimer. NOTWITHSTANDING SECTION 7, THE PRODUCTS, THE SITE, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR LICENSORS AND SERVICE PROVIDERS REPRESENT OR WARRANT THAT THE SITE, SERVICE OR THE USE THEREOF: (A) WILL BE UNINTERRUPTED, (B) WILL BE FREE OF INACCURACIES OR ERRORS, (C) WILL MEET YOUR REQUIREMENTS, OR (D) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT.
9. Limitation Of Liability. WE AND OUR LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR THE SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY TO YOU IN CONNECTION WITH THE SITE, THE SERVICES, AND THE PRODUCTS EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO US FOR THE PRODUCTS OR SERVICES TO WHICH THE LIABILITY RELATES.
10. Indemnification. You agree to hold harmless and indemnify us, our licensors and service providers, and our and their officers, directors, employees and agents from and against any damage, loss, cost and expense (including without limitation, attorneys' fees), resulting from your violation of these Terms or any activity related to your Account, use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Service using your Account, or Products created or purchased by you. If you have to indemnify us under this Section, we will have the right to control the defense, settlement and resolution of any claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
11. Termination. We may suspend or terminate your use of the Site or the Service if we believe, in our sole and absolute discretion, that you have breached any of these Terms. You agree that we will not be liable to you or any third party for any termination of your access to the Site.
12. Users under Age 18. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for children under the age of 13.
13. Notice. All notices to a party will be in writing and will be made either via email or conventional mail. We may broadcast notices or messages through the Site to inform you of changes to these Terms, the Service, or other matters of importance; such broadcasts will constitute notice to you.
14. Links. The Site may contain links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we are 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, goods or services available on or through any such site or resource.
15. Suspected Copyright Violations. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, We have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If You believe Your copyrights are being infringed by a user of the Service, please provide written notice to us at the address indicated in the Contact Us page of the Site. The notice should contain the following information:

(i)a physical or electronic signature of You or of a person authorized to act on Your behalf.
(ii)Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv)Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted.
(v)A statement that You have 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.
(vi)A statement that the information in the notification is accurate, and under penalty of perjury, that You are the exclusive owner of the copyrighted work that is allegedly being infringed or that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. Miscellaneous. We are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Any failure of a party to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any terms of purchase found elsewhere on the Site constitute the entire agreement between you and Service Provider and govern your use of the Service, superseding any prior agreements between us (including any prior versions of the Terms). If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. This Agreement will be construed under the laws of the state in which we have our principal place of business, as indicated on the “Contact Us” page, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction.



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