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Printwand's Terms and Conditions
The use of Printwand’s website (the “Website") is governed by the Terms and Conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website. Your use of this Website in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Printwand reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website. Printwand retains the right o deny access to anyone who we believe has violated any of these terms and conditions.
User Restrictions
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Printwand reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
Proprietary Rights
Printwand’s logo and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. Unless otherwise indicated, the entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Printwand. All Content is copyrighted as a collective work under U.S. and international copyright laws. Printwand owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content on this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, or reframe the Content in any manner. You may not sell or attempt to sell the Content.
Participation Disclaimer
By uploading, posting, sending or submitting Content to Printwand including without limitation graphics, video, data, text, files, links, software, or audio, you are consenting to be bound by these terms of use. If you do not agree, please to not upload, post, send or submit any content to Printwand.
You agree that any Content to make available to Printwand is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content without limitation. You also hereby grant each other user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.
Printwand does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, Printwand is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Printwand reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Printwand at its sole discretion.
You understand that by using this Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.
User Conduct
You agree that all information provided to Printwand will be true, accurate, current and complete. You also agree to ensure that this information will be kept up to date at all times. We will use the information you provide to us in accordance with our Privacy Policy.
You understand that all Content posted by users, whether publicly posted or privately transmitted, is the sole responsibility of the user from which such Content originated. You (and not Printwand) are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available to Printwand and Printwand’s website. We do not guarantee the accuracy, integrity or quality of Content posted by users.
You agree to not use the Website to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to a Printwand staff member or Website official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt Website operation or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “stalk” or otherwise harass any user or Printwand staff member;
l. collect or store personal data about other users;
m. link to or refer to Content not allowed under these Terms and Conditions;
n. otherwise use the service in a manner deemed inappropriate by us.
Modification of Content
Printwand attempts to ensure that the Content on this Website is complete and current. As indicated in the Disclaimers set forth below, Printwand does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Printwand reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
Payment Terms
Printwand requires 100% prepayment.
All outstanding balances must be paid in full before production can begin. By signing the provided order acknowledgment the buyer acknowledges that they are entering into a contractual agreement with Printwand and gives Printwand permission to apply any outstanding balance to the payment method provided first, until paid in full, and then proceed with the payment terms as outlined in this section below.
All new customers are required to prepay a 100% of the total amount due before production can begin on their order. Any outstanding balances exceeding the initial charge amount will be collected after the order has shipped.
Terms are given at the discretion of Printwand. The full amount of an invoice may and can be charged to the supplied credit card on file at any point before, during, or after the order. There is a $35 service fee for each returned check.
If you need to use a Purchase Order to submit/request payment, Printwand will be more than happy to provide you with the necessary paperwork for you or your accounting department at the time of placing your order.
Purchases: Under and Overs
We make every effort to ship the exact quantities ordered, however, there is a standard 10% unders and overs that apply to all purchases.
Cancellations and Changes
Once your order is placed, it will be processed and shipped. If you need to make any changes to your order, please contact us immediately. Otherwise, we may not be able to make changes before your order ships.
Once you approve the order acknowledgment and artwork approval, the order is initiated and production begins. If you require additional information or clarification, please contact your account manager.
Cancellations are charged a $30 service fee plus any production charges accrued at the time. Order/production changes are subject to a $10 charge in addition to any materials and labor costs. Production charges include, but are not limited to, art charges, setup charges, digitizing (embroidery), restocking fee (15% of item price), or shipping charges.
The best way to avoid cancellation fees is to be 100% confident that you want to move forward with your order. Please make your selections carefully and thoughtfully.
Returns & Claims
No returns of imprinted goods are accepted. Un-imprinted merchandise returns are subject to a 15% restocking fee and the necessary freight costs to return the product do apply. Incomplete or partial returns will not be accepted. Unauthorized returns are not accepted.
Any imprinted products returned in violation of this policy will be discarded at Printwand’s discretion.
In the case that you believe you received a product or order in error, please contact customer service within 5 working days of receipt of the merchandise. Claims made after this time will not be reviewed. Before Printwand can begin to process a claim, a sampling of the goods (quantity will be determined at Printwand's discretion) must be provided for us to review. Printwand reserves the right to take up to seven working days to process/review a claim from the date of receipt of the goods in question. Any credits, returns, or refunds will be processed within two business days after review, unless otherwise noted. Please see our payment policy for further information.
In the case of a customer error or unauthorized return (including rejected shipments), the customer is responsible for the return freight back to Printwand, unless otherwise noted.
Volume Measurement
Drinkware is measured as filled to the brim. Stated ounces are intended to show approximate volume and are not an implied guarantee of exact volume.
Disclaimers
All Content on this Website (including but not limited to, any advice that may be given to you over this Website) is provided "as is" and without warranties of any kind either express or implied. All use of this Website is at your own risk. Printwand disclaims, and you hereby waive, any and all warranties and liabilities, whether express or implied, arising by operation of law or otherwise, with respect to this Website and any content on this Website, including, but not limited to, any: (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty of non-infringement; and (c) claim in tort (including negligence). Without limiting the foregoing, you acknowledge that Printwand does not represent or warrant that this Website will be accessible without interruption or that this Website or the server that makes this Website available are free from errors, defects, design flaws or omissions or from viruses or other harmful components.
Printwand does not warrant the accuracy, integrity or completeness of the Content provided in this Website, including any advice or other similar information obtained by you from us or through this Website. Printwand does not make any representation that the Content provided is applicable or appropriate for use in locations outside of the United States.
Limitation of Liability
In no event shall Printwand, its directors, officers, employees, affiliates, successors or assigns or other representatives be liable, whether in contract, warranty, tort (including negligence - whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this Website or any Content on this Website, even if Printwand or its representative has been advised of the possibility of such damages. If you are dissatisfied with this Website and the Content thereon, or the terms and conditions, your sole and exclusive remedy is to discontinue use of this Website. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Printwand’s total liability to you shall in no event exceed one hundred dollars ($100). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.
Enforcement
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Michigan, without giving effect to any principles or conflicts of laws.
Miscellaneous
The Terms and Conditions constitute the entire agreement between you and Printwand with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Printwand with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Printwand. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.