What this Agreement Covers
This Agreement governs your use of the Site and the Promotional Image Solutions service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of Promotional Image Solutions and Third Parties
Promotional Image Solutions is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Promotional Image Solutions Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Promotional Image Solutions.
Promotional Image Solutions is the owner of the Promotional Image Solutions trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Promotional Image Solutions from Institutions and other third parties (the "Licensed Marks"). By using the Promotional Image Solutions Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. Promotional Image Solutions will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact Promotional Image Solutions and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. Promotional Image Solutions retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, Promotional Image Solutions has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Promotional Image Solutions production.
You agree to not use Promotional Image Solutions's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Privacy Policy
Promotional Image Solutions recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the Promotional Image Solutions Service except that: (i) Promotional Image Solutions may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary; (ii) Promotional Image Solutions may provide information about you and your order to its subcontractors; and (iii) Promotional Image Solutions may share information about you with its marketing partners and affiliates for purposes of marketing Promotional Image Solutions. Promotional Image Solutions will not send you unsolicited materials except that customers may receive occasional e-mails to announce changes in the Promotional Image Solutions service, new features and technical updates.
We contract with a company called Coremetrics to collect and analyze data regarding visitors' usage of our web site. The information collected will be used exclusively for the purpose of understanding and improving our customers' experience with our web site and service. For more information, call 1.800.746.6015
Anti-Sweat Shop Policy
Promotional Image Solutions supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. Promotional Image Solutions relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.
Payment Policies
Promotional Image Solutions accepts online payment via credit card or debit card. All payments sent electronically shall be securely transmitted using Secure Socket Layer ("SSL") technology.
Promotional Image Solutions may also accept payment via check or purchase order. Qualified Institutions (such as Purchasing Offices) wishing to establish group accounts and utilize purchase orders may set up special payment options by contacting Promotional Image Solutions.
Promotional Image Solutions will begin processing orders immediately upon verification that payment has been received.
Shipment/Delivery Times
Promotional Image Solutions's orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 25% rush charge. Rush orders are delivered within 7 days.
Returns Policy
Promotional Image Solutions goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, Promotional Image Solutions accepts returns and will refund payment if and when customers are disappointed by Promotional Image Solutions merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.
Limit of Promotional Image Solutions's Responsibility
Promotional Image Solutions will be responsible for acting only on those instructions sent to Promotional Image Solutions that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Promotional Image Solutions is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Promotional Image Solutions is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". Promotional Image Solutions does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will Promotional Image Solutions be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Promotional Image Solutions, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Indemnity
You agree to defend, indemnify and hold Promotional Image Solutions and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Promotional Image Solutions's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Authorization Indemnification
By placing an order with Promotional Image Solutions , you represent and warrant that you have the authority to order, purchase and distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified in your order. You also agree to indemnify, defend and hold harmless Promotional Image Solutions , its parent, subsidiaries and its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney's fees) arising out of or related to any actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right of such merchandise. This provision will remain in effect after delivery of your order.
Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Arizona and, where applicable, by federal law.
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