Term & Conditions - customized products
Terms and Conditions of Purchasing Customized Goods
By clicking “I agree,” you have consented to be bound by these Terms and Conditions of Purchasing Customized Goods (“Terms and Conditions”), which governs the order and purchase of customized goods(the “Goods”)from SkyLine Canopies LLC (“THE COMPANY”), regardless of whether such transactions take place through THE COMPANY’s website, direct communications with THE COMPANY, or otherwise(collectively, your “Order”).
To the extent that you use THE COMPANY’s website, located at theskylinecanopies.dreamhosters.com(the “Website”), in the process of ordering or purchasing goods, your use of the Website, including but not limited to making payments through the Website, is governed by the Website Terms & Conditions of Use(<-LINKED).
TABLE OF CONTENTS
Your Intellectual Property
THE COMPANY Intellectual Property
Right of Refusal
Inspect Before Use
Return and Replacement Policy
Modifications Made to Goods
Assumption of Risk
Limited Lifetime Warranty
Limitation of Liability and Indemnification
YOUR INTELLECTUAL PROPERTY
For any logos, graphics, images, and other material (collectively, the “Content”) you provide to THE COMPANY for purposes of creating the Goods:
•You represent and warrant that (1) you own or have obtained all rights necessary to grant THE COMPANY the license granted herein; and (2) the Content does not and will not infringe the copyrights, trademark rights, or rights of publicity or privacy of any person or entity, or defame or otherwise infringe any rights of any person or entity. THE COMPANY reserves the right to require confirmation of your ownership of such rights prior to fulfilling an Order.
•You hereby grant to THE COMPANY a limited license of all rights, including the right to sublicense, reasonably necessary for THE COMPANY to incorporate the Content into the Goods you order, including but not limited to the rights to modify and reproduce the Content.
•If, in the Project Finalization form, you authorize THE COMPANY to use your Content for marketing and promotional purposes on the Website, in marketing materials, and on its social media platforms, you further grant THE COMPANY a perpetual, worldwide, royalty-free license to engage in such uses, without the need to seek additional authorization from you or to provide notice to you, unless and until you revoke such authorization expressly in writing to THE COMPANY.
THE COMPANY INTELLECTUAL PROPERTY
THE COMPANY hereby grants you a limited license to download and use product templates from the Website for the sole purpose of creating Files to be used by THE COMPANY in creating the Goods.
To the extent that THE COMPANY contributes any content to the Goods that are protectable by copyright or other rights, THE COMPANY hereby assigns to you all such rights, only to the extent that they exist in the Goods.
You understand and agree that:
•The quality of the Goods necessarily depends on the quality of the vector files you provide to THE COMPANY (which require a minimum resolution of 300 dpi).
•Colors as seen on computer monitors and device displays vary greatly and may not reflect the final colors printed on Goods.
•If you do not provide THE COMPANY with accurate and complete Pantone color information, THE COMPANY will not be liable for any discrepancies in colors or otherwise be responsible for the final colors of the Goods.
•Any changes to an Order that you request after approving the Project Finalization form may result in THE COMPANY modifying the current quote for the Order and/or assessing additional fees.
•If you download any product templates from the Website, you will use them only in the context of ordering Goods or requesting quotes from the COMPANY.
RIGHT OF REFUSAL
THE COMPANY reserves the right to refuse to fulfill any Order if it, in its sole discretion, believes that the Goods would violate applicable laws or that the Content contains derogatory or inflammatory content, or for any other, or no, reason.
Orders may arrive in multiple shipments. THE COMPANY does not guarantee shipping times. Unless stated otherwise in these Terms and Conditions, the risk of loss and title for purchased Goods passes to you upon THE COMPANY’s delivery to the carrier.
INSPECT BEFORE USE
The Goods must be inspected before use to ensure no damage during shipment. If damaged, do not use the damaged Goods, and immediately contact THE COMPANY for a replacement, as described below.
RETURN AND REPLACEMENT POLICY
In the event that a Goods is damaged during transit, THE COMPANY will replace such Good(s), provided that proper documentation is submitted, including but not limited to, photo(s) of the damaged Good(s) and a detailed description of such damage. Please contact us(<-LINKED) regarding any replacement questions.
THE COMPANY will not replace Goods that are damaged due to normal wear and tear; abuse or misuse of the Goods; lack of maintenance; wind, rain, or any other Act of God; or use of the Goods that do not conform with applicable assembly or other manufacturer instructions.
Necessary maintenance on the Goods can be performed by the manufacturer. Improper or incorrectly performed maintenance or repair may void any warranty on the Goods.
Misuse of Goods may involve serious risks, including but not limited to property damage, physical injury, disability, and death. The Goods may not be used for unlawful purposes, and such use is expressly prohibited by these Terms and Conditions.
MODIFICATIONS MADE TO GOODS
Modification of Goods can lead to malfunction causing serious risk, including but are not limited to property damage, physical injury, disability, and death. You are responsible for any modifications you perform on the Goods. THE COMPANY is not responsible for any modifications you perform on the Goods or any results of such modifications, and you agree not to attempt to hold THE COMPANY liable for the same.
ASSUMPTION OF RISK
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE GOODS MAY BE ASSOCIATED WITH A HIGH LEVEL OF RISK, AS DESCRIBED IN THESE TERMS AND CONDITIONS, AND, TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF ANY PROPERTY DAMAGE, PHYSICAL INJURY, DISABILITY, OR DEATH SUSTAINED WHILE USING AND/OR ALLOWING OTHERS TO USE THE GOODS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE COMPANY, INCLUDING BUT NOT LIMITED TO MALFUNCTION OF THE GOODS.
LIMITED LIFETIME WARRANTY
What Does This Warranty Cover? This warranty covers any Good defects and any malfunctions of the Goods that occur during normal and expected uses, as such is determined by THE COMPANY in its sole discretion.
How Long Does the Coverage Last? This warranty lasts as long as you own the Goods. Coverage terminates if you sell or otherwise transfer the Goods.
What Will the COMPANY Do? THE COMPANY will replace any defective or malfunctioning parts at cost plus shipping, except as described below.
What Does This Warranty Not Cover? This warranty does not cover any defect, malfunction, or damage that is caused by normal wear and tear; abuse or misuse of the Goods; lack of maintenance; damage caused by wind, rain, or any other Act of God; or use of the Goods that do not conform with applicable assembly or other manufacturer instructions. This warranty shall be void as to any Goods which have been altered or modified in any manner.
How Do You Get Service? In order to be eligible for service under this warranty, you MUST contact THE COMPANY at firstname.lastname@example.org and provide photo(s) and a detailed description of the defective or malfunctioning Goods.
How Does State Law Apply? This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
What About Other Warranties? The Goods may be subject to warranties provided by the manufacturer, and any such warranty may pass to you upon acceptance of the Goods.
ALTHOUGH THE COMPANY USES REASONABLE EFFORTS TO ENSURE THE QUALITY OF THE GOODS, OTHER THAN AS DESCRIBED IN THESE TERMS AND CONDITIONS, THE GOODS ARE PROVIDED ON AN “AS-IS” BASIS, AND YOUR USE OF THEM IS AT YOUR OWN RISK.
THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY THIRD-PARTY INFORMATION REGARDING THE GOODS, INCLUDING BUT NOT LIMITED TO ASSEMBLY INSTRUCTIONS AND HOW-TO VIDEOS ACCESSED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH INFORMATION SHALL BE AT YOUR OWN RISK.
UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, THE COMPANY MAKES NO SPECIFIC PROMISES OR WARRANTIES, EITHER IMPLIED OR EXPRESS, ABOUT THE GOODS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT YOU WILL NOT ATTEMPT TO HOLD THE COMPANY RESPONSIBLE FOR THE SAME. FOR EXAMPLE, THE COMPANY MAKES NO COMMITMENTS ABOUT THE FUNCTIONALITY OR RELIABILITY OF THE GOODS OR THEIR ABILITY TO MEET YOUR NEEDS.
TO THE EXTENT PERMITTED BY LAW, AND OTHER THAN EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, THE COMPANY EXCLUDES ALL WARRANTIES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
UNLESS EXPRESSLY STATED OTHERWISE IN WRITING, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND SPECIAL DAMAGES, OR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF YOUR USE OF, OR ALLOWING OTHERS TO USE, THE GOODS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBLICENSEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND/OR DAMAGES (INCLUDING FEES FOR ATTORNEYS OF THE COMPANY’S CHOOSING AND COURT COSTS)ARISING OUT OF OR RESULTING FROM (I)YOUR USE OR MISUSE OF THE GOODS OR (II)YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND CONDITIONS. YOU AGREE TO COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE COMPANY RESERVES THE RIGHT TO, AT ITS OWN EXPENSE, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN ANY EVENT, YOU SHALL NOT SETTLE ANY MATTER REGARDING THE COMPANY WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions(collectively, the “Dispute”), you and THE COMPANY agree to use best efforts to settle the Dispute amicably. Accordingly, upon either party receiving written notice of a Dispute from the other, the parties shall negotiate with each other in good faith to attempt to reach a fair and equitable solution satisfactory to both.
After a minimum of thirty (30) days from receipt of the notice of Dispute, if either party believes in good faith that negotiations are not reasonably likely to resolve the Dispute, it may provide the other with a written notice requesting mediation. The parties shall select a mediator by mutual agreement within thirty (30) days of the receipt of the notice. The mediator shall: (1) be a member of the Association of Attorney Mediators, (2) licensed by the State Bar of Texas, (3) have a minimum of five (5) years of mediation experience, and (4) not be a former judge.
If the parties are unable to resolve the Dispute with a minimum of eight (8) hours of good-faith mediation, either party may provide the other with a written notice requesting arbitration, and the Dispute shall be finally settled by arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules & Procedures.
Unless the parties agree otherwise, all mediations and arbitrations shall be conducted virtually (online), and each party shall pay half of the total fees and costs.
Each party shall, to the best of its ability, provide the mediator(s) and/or arbitrator(s) with all relevant documents reasonably requested by the mediator(s)/arbitrator(s). All communications, information, documents, and other materials made or shared during the course of negotiations, mediation, and/or arbitration, both oral and written, and in any format or medium, shall be considered confidential, except that any information that is currently available to the public at large and evidence that is otherwise admissible or discoverable shall not be rendered confidential, inadmissible, or non-discoverable purely because of its use in the negotiations or mediation.
These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct, or otherwise) shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflicts of law provisions.
If any provision of these Terms and Conditions is invalid, unlawful, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability of any remaining provisions.