Term Of Use
THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND US AND GOVERN YOUR USE OF THIS WEBSITE, YOUR RELATIONSHIP WITH US, ANY TRANSACTIONS OR ORDERS YOU SUBMIT, AND ANY PRODUCTS OR SERVICES WE PROVIDE. PLEASE READ THESE TERMS OF USE CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING WITHOUT LIMITATION WAIVERS OF RIGHTS TO CLASS ACTION RELIEF, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION.
- Privacy. Please read our privacy policy and cookie policy. They also govern your use of this website and our use of information and data.
- Acceptance and Delivery. We shall not be responsible for any delay in our performance beyond our control or beyond the control of our suppliers. The parties agree that, unless otherwise agreed to in writing and signed by both parties, shipping dates are approximate and that time is not of the essence. All orders by you constitute offers to purchase which are subject to acceptance or rejection by us in Omaha, Nebraska and any contract for the sale of goods by us is formed and performed in Nebraska. Our acceptance of any order from you is expressly conditional upon the terms and conditions set forth herein and we expressly limit our acceptance of your order to such terms and conditions. Any additional or different terms proposed by you, whether oral, written or electronic are expressly rejected. Notwithstanding any other quoted delivery time, we shall ship merchandise ordered by you within 180 days or cancel the order for such merchandise. Unless and until you cancel an order, you consent to the backorder or delay in shipping of merchandise of up to 180 days. If an item is backordered, you may cancel such order at any time by providing notice of cancelation to us.
- Payment Terms. Payment terms shall be governed by the terms on the packing slip or invoice and the credit terms extended by us, if any. Any such credit terms may be revoked by us at any time. Payment shall be due and payable on the date so specified. Past due balances remaining unpaid will be subject to a delinquency charge at the rate of 1½ percent per month or the maximum rate permitted by law, whichever is less; and you shall pay all our costs of collection of past due amounts, including but not limited to attorney fees and court costs. If credit terms are extended to you, you hereby grant a security interest in the merchandise purchased by you and all proceeds from the sale or disposition of such merchandise and appoint us as your attorney-in-fact to execute on your behalf any Uniform Commercial Code financing statements we deem reasonably necessary to perfect our security interest. You agree to pay $40.00 per check on all returned or insufficient funds checks. We agree and acknowledge that you tender payment for each order and we are authorized to charge your credit card or other charge account (whether we are or a third party is the creditor) only as of the day we ship the order and only in respect to the merchandise shipped. We have no authorization or right to payment prior to the day we ship the merchandise ordered by you.
- Warranty and Risk of Loss. We shall, at our election, either repair, replace, or refund the purchase price, exclusive of shipping and handling charges, for any merchandise which is defective in workmanship or material and for which you make a claim within five (5) days after receipt of the merchandise. When making such a claim, you must submit both the original packing slip and the defective merchandise itself (or a sample thereof), unless these conditions are waived by us in writing. This paragraph constitutes our sole obligation as to the merchandise, and you acknowledge that this paragraph sets forth your exclusive remedy for any breach of warranty or other duty related to the merchandise or quality thereof. Any refund for merchandise shall not include shipping and handling, unless otherwise agreed by us in writing. At our discretion, we may charge a restocking fee, not to exceed twenty-five percent (25%) for returned merchandise. Title to the merchandise passes to you at, and you bear all risk of loss from, the time the merchandise is loaded onto common carrier to be shipped to you, regardless of whether we pay freight. Licensed merchandise is warranted to consumers to be merchantable and fit for the purpose intended. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OR WITH RESPECT TO ANY APPROVALS, CHARACTERISTICS, CERTIFICATIONS, INGREDIENTS, BENEFITS, USES, STANDARDS, QUALITY OR GRADE OF ANY MERCHANDISE, OR ARISING BY CUSTOM OR TRADE USAGE AND, SPECIFICALLY, MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE MERCHANDISE ARE HEREBY SUPERCEDED, EXCLUDED AND DISCLAIMED. THE EXPRESS WARRANTY CONTAINED IN THIS PARAGRAPH CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY US AND IS IN LIEU OF ALL OTHER WARRANTIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF THE SAME IN ADVANCE. OUR AGGREGATE LIABILITY IN ALL CASES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU.
- Product Descriptions. We periodically add, change, modify and update our catalogs and website, including without limitation these Terms of Use without prior notice. We try to be as accurate as possible, but make no warranties or representations that (a) the content, including product descriptions, prices and depictions, are accurate, complete, reliable, current or error-free, (b) any merchandise has any particular approvals, certifications, characteristics, uses, ingredients, or benefits, or (c) any merchandise is of or meets any particular standard, certification, quality or grade. We assume no liability with respect to any of the forgoing. If a product purchased is not as described or expected, your sole remedy is to return it in unused condition.
- Personalized Product. If your order includes personalization of product or the printing or other reproduction of trademarks, service marks, trade names, logos, graphics, images, messages or business symbols (“Marks”), you hereby grant to us the non-exclusive right and license to use such Marks on the products and to cause the products to be produced with the Marks. You further grant permission and consent to our use of a photograph or other likeness of the finished products for purposes of advertising or promoting our business relating to such personalization production work and merchandise sales. We shall have no right, title or other interest in the Marks except as expressly granted herein. You represent and warrant that you own the Marks and are authorized to license the Marks to us. You agree to indemnify and hold harmless us from any loss, liability, damage, claims, demands, actions, costs or expense of any nature (including attorney fees) arising out of or in any manner connected with your or our use of the Marks. We reserve the right to reject or rescind any order for personalized product in our sole discretion.
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User-Generated Content. You may submit content including, but not limited to, textual material, photographic images, graphics, artwork, drawings, written material, audio, video, plans, patterns, designs, ideas, concepts and other creative material (the “Content”) on our website or social media subject to these terms of use, our privacy policy and the Content Contributor Terms applicable to each submission of Content. By submitting Content, you represent and warrant that you have all rights and authority necessary to grant, and do hereby grant to us and our affiliates, representatives, and assigns a non-exclusive, fully-paid, royalty-free, transferable, perpetual, worldwide license to display, publicly perform, distribute, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your submitted Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter developed, for any purpose.
You represent and warrant that the Content you post or submit is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and that you will indemnify us for all claims, liability, damages, costs, and expenses (including attorney fees) resulting from Content you supply. We take no responsibility and assume no liability for any Content posted by you or any third party.
You understand and agree that we do not necessarily pre-screen or monitor any user Content but may prescreen, monitor or review after initial posting user Content for a variety of reasons, including, without limitation, compliance with these terms. We reserve the right, but have no obligation, to remove or edit Content that violates these terms, but we do not regularly review posted Content. - SMS. If you consented to receive SMS marketing messages from us, you can expect to receive targeted marketing, promotional, and informational messages and you consent to receiving marketing text messages including cart reminders from information collected via cookies. Message frequency varies. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just reply "JOIN" to resubscribe. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy.
- Copyright Infringement Notification Procedure. We respect the intellectual property rights of others. If you believe your originally design work has been copied in a way that constitutes copyright infringement, we support you for right protection.
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Counter-Notification Process. If you believe that your Content, or Content for which you have the authorization from the copyright owner or the copyright owner’s agent, has been removed due to a copyright infringement notice we received in error, you may send us a counter-notification directed to the Copyright Agent listed above. Your counter-notification must be in writing and include the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared before it was removed or disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- your name, address, and telephone number and a statement that you consent to the jurisdiction of the District of Nebraska, and agree to accept service of process from the person who submitted the original copyright infringement notice that resulted in your user Content being removed (or an agent of such person) in the event he or she elects to file suit.
- Miscellaneous. We may at any time revise these Terms of Use in our sole discretion and without prior notice to you. By using this website or by placing an order, you agree to be bound by any such revisions and should therefore visit this page periodically to determine the then current Terms of Use to which you are bound. No other amendment, modification or addition to these terms and conditions shall be binding on us unless expressly agreed to in writing and signed by one of our officers. These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us. Any waiver by us of any part herein shall not constitute a waiver of such part or any other part at any prior or subsequent time. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the state of Nebraska.