Quick Design Signs.com
AGREEMENT FOR TERMS OF SERVICE AND TERMS OF SALE
PRIVACY POLICY
Agreement for Terms of Service and Terms of Sale
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH (1) THE TERMS AND PROVISIONS (THE “TERMS OF SERVICE”) GOVERNING THE USE BY YOU (“YOU” OR “USER”) OF THE QUICK DESIGN SIGNS.COM WEBSITE, LOCATED AT THE URL’S WWW.QUICK DESIGN SIGNS.COM AND WWW.QDSIGNS.COM, AND CONTENT OFFERED IN CONNECTION THEREWITH (THE “SITE”) OWNED AND OPERATED BY RKSK GROUPE INC. DBA QUICK DESIGN SIGNS.COM AND DBA QDSIGNS.COM (“QUICK DESIGN SIGNS.COM” OR “WE” OR “US”) AND THE SERVICES OFFERED ON THE SITE BY QUICK DESIGN SIGNS.COM (THE “SERVICES”), AND (2) THE TERMS AND PROVISIONS GOVERNING YOUR ORDERING AND PURCHASE OF PRODUCTS AND SERVICES THROUGH THE SITE FROM QUICK DESIGN SIGNS.COM (THE “TERMS OF SALE”). THE TERMS OF SERVICE AND TERMS OF SALE SHALL HEREINAFTER COLLECTIVELY BE REFERRED TO AS THIS “AGREEMENT”. THE SITE, SERVICES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE ARE OFFERED TO YOU ON THE CONDITION THAT YOU ACCEPT THE TERMS AND PROVISIONS OF THIS AGREEMENT. BY USING THE SITE OR THE SERVICES, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF SERVICE AND ARE AGREEING TO BE BOUND BY THEM. BY ORDERING AND PURCHASING PRODUCTS AND SERVICES ON THE SITE, YOU ARE AGREEING THAT YOU HAVE ALSO READ AND UNDERSTOOD THE TERMS OF SALE AND ARE AGREEING TO BE BOUND BY THEM. YOU MAY NOT USE THE SITE OR SERVICE, REGISTER FOR AN ACCOUNT, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE SITE UNLESS YOU ARE AT LEAST OF LEGAL AGE TO FORM A LEGALLY BINDING CONTRACT WITH QUICK DESIGN SIGNS.COM IN THE JURISDICTION IN WHICH YOU RESIDE. IF YOU ARE AT LEAST 13 YEARS OLD AND LESS THAN THE AGE TO FORM A LEGALLY BINDING CONTRACT, YOU MAY USE THE SITE AND SERVICES AND REGISTER FOR AN ACCOUNT ONLY WITH AND UNDER THE SUPERVISION AND CONSENT OF A PARENT OR LEGAL GUARDIAN. PERSONS UNDER THE AGE OF 13 MAY NOT USE THE SITE OR THE SERVICE OR REGISTER FOR AN ACCOUNT. THIS AGREEMENT, THE TERMS OF SERVICE AND THE TERMS OF SALE MAY BE CHANGED OR UPDATED BY QUICK DESIGN SIGNS.COM FROM TIME TO TIME WITHOUT NOTICE TO YOU AND WE ENCOURAGE YOU TO CHECK THE SITE FROM TIME TO TIME FOR ANY CHANGES OR UPDATES.
I. TERMS OF SERVICE
1. Welcome.
Welcome to the Quick Design Signs.com Service, an online sign design and purchasing service. The Service is a web-based service on the Site that offers signs and related products (the “Products”) for sale online, and offers an online design tool (“Design Tool”) where Users can custom design and purchase their designed Products. The Service is offered by Quick Design Signs.com, and the Site and the content offered in connection therewith are operated by Quick Design Signs.com. By using the Site and Service, You agree to be bound by this Terms of Service. If You have any questions regarding these terms and conditions, please contact us either through the contact or online chat sections of the Site. ??This Terms of Service sets out the legally binding terms of your use of the Service and Site (whether or not you are an Account Holder), and may be modified by Quick Design Signs.com at any time without prior notice. You should therefore review this Terms of Service from time to time to familiarize yourself with any modifications. All such modifications will be effective upon posting on the Site, and any use by You of the Site or the Service (whether or not you are an Account Holder) after the posting of any such modification will constitute your agreement to that modification. The terms of any notices regarding the Site or the Service sent to You or posted on the Site are incorporated into and made part of this Terms of Service.
2. Eligibility.
In order to use or access some of the Services on the Site, you will be required to become a registered user and create an account on the Site (an “Account”). Accounts are available only to human persons of legal age to form a binding contract and who are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. Accounts registered by “bots” or other automated methods are not permitted. Under no circumstances will the Service offered through the Site be available to minors. By registering for an Account, you represent that you are a person of legal age to form a legally binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and are accepting this Terms of Service on behalf of yourself. You shall be responsible for maintaining the confidentiality and security of your Account and Password. You may not transfer or share your Account with anyone. You are liable for all activities conducted through the Account.
3. Registration and Account.
To establish an Account, you will be required to provide Quick Design Signs.com with certain personal information. Your failure to supply accurate information to Quick Design Signs.com when requested, or to update that information as it changes, shall constitute a material breach of this Agreement.
During the registration process, you will be required to provide an Email address and select a password that are unique to the Account (collectively referred to hereunder as "Login Information"). Your Login Information and Account may only be used by one person. You may not share the Account or the Login Information with anyone other than as expressly set forth herein. You may create separate logins or Accounts for as many people as you wish.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of Quick Design Signs.com.
4. Modification of Service.
We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or the Service, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance, in whole or in part, of the Site or the Service. We may refuse or restrict anyone from access to all or any portion of the Site or the Service at any time in our sole discretion.
5. Use of Site and Service.
In order to use the Site or the Service, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access.
a. Limited License. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the Site. Notwithstanding the foregoing, you may print and retain a single copy of stock designs of Products on the Site or custom designs You create solely for your own use in ordering and purchasing Products through the Site, provided that you: (i) keep intact all copyright and other proprietary notices; (ii) do not directly or indirectly disclose or provide the material to any person or company in the business of designing or manufacturing products similar to the Products; (iii) do not use the material in a manner that would compete with or damage the goodwill associated with Quick Design Signs.com; (iv) do not use the material in a manner that suggests an association with any of our services, brands, or products (unless otherwise authorized in writing by Us); and (v) make no modifications to the material. You further agree that, except as expressly provided in this Terms of Service, you shall not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual use unless otherwise specifically authorized by Us.
b. Linking; Commercial Use. If You wish to publish, frame, refer to or provide information about Quick Design Signs.com, the Site, copyrighted materials or any Service on any website, web page, e-mail address or the like operated by You or your affiliates for commercial purposes, You must first obtain our prior written permission, which We may withhold in our discretion. The Site is to be used by a customer and not for commercial use to sell and compete with Quick Design Signs.com. Downloading the Site or copying the web site except for page cacheing constitutes unauthorized use of intellectual property and the Company reserves the right to protection under intellectual property laws.
c. Security and Hacking. You shall not violate or attempt to violate the security of the Service. Accordingly, you shall not: (i) access data or materials not intended for You; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Service, overloading, "flooding," "mailbombing" or "crashing" the Service; or (v) attempt to gain unauthorized access to the Site, Service, Accounts, passwords, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means.
d. Prohibited Activities. You agree not to use the Site or the Service for any of the following activities:
Spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way;
Any fraudulent or illegal activities or activities;
Reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the express written permission of Quick Design Signs.com;
Using the Service in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Service, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies.
Any activity that could damage, disable, overburden, or impair any of our servers or the networks connected to any such server;
Using our trademarks or copyrighted materials without our express written consent; or
Interfering with any third party’s use and enjoyment of the Site or Service, or modifying or collecting data on third party customers or orders.
d. Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the Site or any pages of the Site infringes on our copyrights. You agree not to use any such tools or products on or in connection with the Service.
e. Termination. We may and will terminate your access to the Service and any Accounts immediately if we believe that your conduct fails to conform to this Terms of Service. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Service or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service), you may also be subject to civil and criminal liability.
f. Inability to Use Site. Quick Design Signs.com will not be responsible for events, which occur for whatever reason in the use of the Site, such as service interruptions, inaccuracies or errors, problems with the hardware or software of the User or any other occurrences causing inability to use the Site.
6. Ownership.
The Site and all content and materials thereon including, but not limited to, trademarks, logos, trade names, trade dress (collectively, “Trademarks”), button icons, images, artwork, fonts, colors, graphics, clip art, text, information, strategies, processes, designs, design elements, displays, software, APIs, interfaces, copyrights, patents and other ”Intellectual Property Rights” (defined below), the Design Tool, format, and technology, is the original creation of and owned by Quick Design Signs.com or is the property of its licensors. Such materials and our rights therein are protected by U.S. and international copyright, patent, trademark and other proprietary rights laws. You shall not use such materials except as expressly set forth herein or otherwise after having obtained our prior written consent. All rights not expressly granted in this Terms of Service are expressly reserved to us. For purposes of this Terms of Service, the term "Intellectual Property Rights" means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
The Site may be used only to design and order printed material from Quick Design Signs.com or its authorized affiliates. Any other use, including but not limited to, reproduction, modification, distribution, redistribution, publication, or republication of any or all of the Site is strictly prohibited. The Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by Quick Design Signs.com in writing.
7. User Submitted Materials.
The Site and Service allows You to design your own sign using fonts, colors, graphics, or clip art available through the Site, or You can upload or submit your own design. Any files, graphics, texts, artwork, information, logos, designs, copy or the like which you upload or submit to the Site shall be hereinafter referred to as “User Submitted Materials”. Quick Design Signs.com will not own any User Submitted Materials. You will continue to be responsible for the substance of the User Submitted Materials including, without limitation, any indemnification obligations related to such materials. We will not be required to treat any User Submitted Materials as confidential. Quick Design Signs.com does not check any User Submitted Materials for accuracy of the design or the quality of the images uploaded, and any image or design deficiency or other deficiency or defect in any component of the User Submitted Materials is the sole responsibility of the User.
By submitting any User Submitted Materials, you represent and warrant that you have the full right and authority to use and submit such User Submitted Materials, and that no such User Submitted Materials are subject to any copyright or other proprietary right of a third party. Without limiting any of our rights or your obligations under this Terms of Service, you may not, and by using the Service or the Site you agree not to, use the Service or the Site to: (a) transmit material that is copyrighted or proprietary, unless you are the owner or have obtained the permission of the owner to transmit it; (b) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (c) transmit material that infringes on any Intellectual Property Rights of others or violates the privacy or rights of publicity of others.
In addition, you agree that any User Submitted Materials shall not in our opinion:
Infringe any Intellectual Property Right of any third party;
Seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Constitute 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;
Be transmitted in violation of any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
Advocate or promote illegal activity;
Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of the content;
Solicit funds, advertiser or sponsor; or
Copy any other pages or images on the Site except with appropriate authority.
Notwithstanding anything contained herein to the contrary, Quick Design Signs.com may elect to electronically monitor areas of the Site and may disclose any information, records, or electronic communication of any kind to:
• satisfy any law, regulation, or government request; or
• protect our rights or property or the rights of users, sponsors, providers, licensors, licensees, vendors, or merchants.
We reserve the right to review, edit, remove or not use any User Submitted Materials that we deem, in our sole discretion, to be inappropriate for, illegal or offensive to QuickSignDesigns.com, the Site, or any third parties, for any reason whatsoever. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request removal of such content from the Site. Further, Quick Design Signs.com has the right, in its sole discretion, to reject any order or block the Site for the User if it has reason to believe that the User has infringed or otherwise violated the Intellectual Property Rights of others, or that the use may be considered unlawful and does not meet standards established by FCC and other regulatory agencies.
IN ADDITION TO ALL OUR OTHER REMEDIES SET FORTH HEREIN, WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SITE AND YOUR ACCOUNT WITHOUT NOTICE FOR ANY CONDUCT WE BELIEVE IN OUR SOLE DISCRETION IS VIOLATIVE OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR IS HARMFUL TO OUR INTERESTS.
8. Compliance With Laws.
You may use the Site and the Service only for lawful purposes. The Service and use of the Site are subject to, and You agree that You will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Service.
9. No Warranties.
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-SUBMITTED MATERIALS, ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE, TIMELY, RELIABLE, USEFUL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. ACCESSING THE SITE FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. IN THE EVENT OF A TYPOGRAPHICAL ERROR RELATING TO PRICE OR QUANTITY OF AN ITEM FEATURED OR DESCRIBED ON ANY SITE, WE RESERVE THE RIGHT TO REFUSE TO FILL ANY ORDER(S) THAT RELY ON SUCH TYPOGRAPHICAL ERROR. ALL PRICES AND SERVICES LISTED ON THE SITE ARE SUBJECT TO AVAILABILITY AND LIMITED QUANTITIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
THIS SITE MAY CONTAIN LINKS TO OR FROM OTHER WEBSITES NOT CONTROLLED, OPERATED OR OWNED BY US. WE HAVE NO CONTROL OVER SUCH THIRD PARTY WEBSITES AND INFORMATION. UNLESS OTHERWISE EXPRESSLY PROVIDED BY US, WE PROVIDE NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEBSITES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT GIVE ON ANY SUCH LINKED WEBSITE. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES NOT ASSOCIATED WITH US. WE CANNOT GUARANTEE, REPRESENT OR WARRANT THAT THE CONTENT CONTAINED IN THIS SITE IS ACCURATE, APPROPRIATE TO YOU, AND/OR INOFFENSIVE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUICK DESIGN SIGNS.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ALL OR ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF QUICK DESIGN SIGNS.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS (US$100). THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR SERVICE, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, SERVICES OR YOUR ACCOUNT.
11. Indemnity.
You agree to indemnify and hold harmless Quick Design Signs.com and all their directors, officers, agents, employees, suppliers, vendors, and service providers, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Service, any aspect of the Site, any other activities of yours accomplished using the Service or the Site, or claims by third parties that the User Submitted Material or your use thereof or our use thereof violates their Intellectual Property Rights or other rights.
12. Personal and Non-Commercial Use Limitation.
This Site is for your personal noncommercial use. The content and software on this Site may only be used as a shopping resource. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from this Site. ??
II. TERMS OF SALE
1. Purchases Subject to Terms of Sale.
Your purchase of Products from Quick Design Signs.com is subject to this Terms of Sale. By making purchases on the Site, You acknowledge that You have read this document and agree to be bound by its terms.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of the Site and the Service. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service with respect to use of the Site or the Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Service you again agree to comply with the Terms of Service.
2. Products.
The Products available for purchase through the Site consist of signs and related products that You can design using fonts, colors, graphics, or clip art available through the Site, or using your own User Submitted Materials that you upload or submit to the Site. You agree that no Quick Design Signs.com employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the User Submitted Materials, neither while on the Site, nor after purchase and during the production process.
You agree that signs that are purchased will not be checked for User Submitted Materials incorporated therein or any other factors within the User Submitted Materials. Items within the User Submitted Material may consist of the following items: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so. Although Quick Design Signs.com does not review the content of your Product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should Quick Design Signs.com become aware that you have violated the Terms of Service or this Terms of Sale, you agree that Quick Design Signs.com will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that any User Submitted Materials do not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
There is a broad range of clip art available on the Site for use with the Products. You agree that this clip art is for novelty purposes only and are not meant to be taken as official symbols, art or graphics. You also agree that none of the clip art has been approved through official organizations or groups.
3. Color in Product.
The Design Tool which may used on the Site and in the Service to design a Product allows You to display images and colors in designing a sign. However, as computers, monitors, and web software technologies used by different Users is highly variable, the appearance of the images and colors for your ordered sign design displayed on your computer screen at the time of designing and ordering may be different from the appearance of such images and colors in the actual manufactured sign. While we attempt to use images and colors in the final manufactured signs that are as close as possible to the colors and images on your computer screen, we cannot and do not guarantee that the colors and images of the sign design seen on the computer screen and appearing in the final manufactured sign will be the same.
4. Materials
The Site and Service offers the use of different materials and templates for sign design and suggests various uses for such items. However, the selection of this material and its ultimate use are entirely your decision and Quick Design Signs.com is not responsible for the material not meeting your requirements, not being what you had envisaged or not meeting the desired use.
You agree that all Products produced and sold by Quick Design Signs.com are for novelty purposes only. Quick Design Signs.com does not make any claims about the legal compliance or registration of signs or any other Products sold by Quick Design Signs.com or an affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs or other Products permitted for your particular use.
5. User Submitted Materials.
With respect to Products purchased, Quick Design Signs.com does not check any User Submitted Materials for accuracy of the design or the quality of the images uploaded, and any image or design deficiency or other deficiency or defect in any component of the User Submitted Materials is the sole responsibility of the User. You agree that you are responsible for making sure that the quality of the User Submitted Materials You are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
6. Production, Shipping and Risk of Loss.
Quick Design Signs.com will use reasonable efforts to ship orders under the following guidelines:
| SHIPPING OPTION |
PRODUCTION TIME |
DAYS IN TRANSIT* |
EXPECTED DELIVERY FROM ORDER DATE |
UPS SERVICE |
|
AIR EXPRESS
|
1 DAY
|
1 DAY
|
2 DAYS
|
UPS NEXT DAY AIR. 10:30 A.M. DELIVERY
|
|
PRIORITY
|
1 DAY
|
2 DAYS
|
3 TO 4 DAYS
|
UPS 2ND DAY AIR. 10:30 A.M. DELIVERY
|
|
GROUND
|
2 DAYS
|
4 DAYS
|
7 TO 9 DAYS
|
UPS GROUND
|
|
SAVER
|
4 DAYS
|
4 DAYS
|
9 TO 11 DAYS
|
UPS GROUND
|
PLEASE NOTE: Any order, which is submitted after 2 p.m., Pacific Standard Time (PST) on a working day is considered as being placed on the following working day. Saturday and Sunday and all National Holidays are not considered working days. All Products of a particular order will be shipped out once the entire order is complete and not individually. ??All orders are shipped FOB Quick Design Signs.com place of business in California or production/distribution facilities in USA. All items purchased from Quick Design Signs.com are delivered pursuant to a shipment contract with the carrier of our choosing. The risk of loss and title for such items will pass to you upon our delivery of your order to the carrier. Any shipping damage should be reported at the time of delivery to the shipping company. If special packaging is required for proper shipping, you will be charged accordingly.
7. Reservation of Rights.
We reserve the right to limit quantities of items purchased by each customer. We also reserve the right to refuse to offer or sell any Products to any person in our sole discretion.
We reserve the right to cancel an order or have the customer reorder if for technical reasons the pricing or information on the order is incorrectly submitted to Quick Design Signs.
8. Returns, Refunds, Order Changes, and Cancellations.
Quick Design Signs.com provides many opportunities to review, revise and cancel the order process before actually placing your order. You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
You agree that Quick Design Signs.com is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. Quick Design Signs.com will use reasonable efforts, upon your timely request by email, to change or cancel an order prior to production, but is not required or obligated to do so. However, there is no guarantee of a refund in such instance. Depending on the phase of production cycle at the time of such request, Quick Design Signs.com may, at its discretion, provide credit for a portion of the price based on our actual cost incurred. ??If the order has reached the pre-production set up phase, there may be cancellation or change charges that apply. All of these charges will be a direct pass through from the manufacturer to you. If your order is changed, the setup fees may vary from the original quote depending on your requirements. ?Understandably, personalized and custom items may not be returned for a refund. Stock items may be returned after obtaining a return authorization number and instructions. A twenty-five percent (25%) restocking fee will apply to such returns.
9. Product Warranty.
The company guarantees the products it sells for a period of 90 days from manufacturing defects such as the print not being clear, colors smudging, material cracked or edges unfinished. If a Product fails or breaks due to a manufacturing defect, the customer can Email or write to Quick Design Signs.com detailing the defect along with a picture of the defective sign. Quick Design Signs.com shall have sole discretion in deciding whether a Product’s failure or breakage is due to a manufacturing defect. On review and approval, Quick Design Signs.com can either send a replacement sign or issue a credit for the value of the sign for any purchase on the Site.
Quick Design Signs.com uses third parties to provide certain services to fulfill your order. We do not control those third parties and You are subject to the terms and conditions of those third parties. Quick Design Signs.com will not be liable for any third party services, however, we will make every attempt to resolve issues raised by our customers.
The use and installation of the Product is the responsibility of the User and Quick Design Signs.com does not make any representations, warranties or guarantees with respect to the fit or installation of the Products. We shall have no responsibility with respect to damages or defects caused because a Product did not fit or install as desired by the User.
10. Disclaimer.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, QUICK DESIGN SIGNS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OFFERED ON THE SITE. QUICK DESIGN SIGNS.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL QUICK DESIGN SIGNS.COM BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN CONNECTION WITH THE PRODUCTS OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limited Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUICK DESIGN SIGNS.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS OFFERED ON THE SITE OR THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Sales Taxes and Duties.
We shall automatically charge and withhold the applicable sales tax for orders from the State of California. We may charge sales tax or other user fees if by law we are directed to do so. Customers from any other state or country shall be solely responsible for all other taxes and duties applicable in their jurisdiction. ?
III. MISCELLANEOUS. The following terms and provisions in this Section III apply to this Agreement, including both the Terms of Service and Terms of Sale, and are hereby incorporated therein and made apart thereof :
1. Termination.
This Agreement is effective until terminated by either party. If You no longer agree to be bound by this Agreement, you must cease your use of the Site and the Service. If at any time after such termination You return to the Site, your reuse of the Site will constitute a re-acceptance of this Agreement.
2. Resolution of Disputes; Arbitration
Arbitration. Any controversy, claim or dispute arising out of or relating to this Agreement shall be settled solely and exclusively by binding arbitration in Los Angeles County, California. A sole arbitrator applying California law shall conduct such arbitration in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association. Both parties to the dispute will share expenses of arbitration. Each party shall bear its own attorneys’ fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. Any legal claims by You against Quick Design Signs.com must be filed within one (1) year of the circumstances giving rise to the claim.
By acceptance of this Agreement the User will file any claims as an individual only and irrevocably waives the right to join a class action suit or action. If or any reason this arbitration clause becomes not applicable, then each party, to the fullest extent permitted by applicable law, hereby irrevocably waives all right to trial by jury as to any issue relating hereto in action, proceeding, or counterclaim arising out of or relating to this Agreement or any other matter involving the parties hereto.
3. Jurisdiction and Venue.
We control the Site from our offices in Diamond Bar, California within the United States. By using this Site, you agree that this Agreement and any legal action brought against Quick Design Signs.com shall be governed by the laws of the State of California without regard to its conflict of laws principles. By using this Site you agree that, subject to the Resolution of Disputes Section above, the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate United States federal or California state court located in Los Angeles County, California, United States. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this Section.
4. Trademarks & Trade Name.
QUICK DESIGN SIGNS is the trademark and service mark of Quick Design Signs.com, and may not be used without our express written permission.
QuickDesignSigns.com and QDSigns.com are registered domain names of RKSK Groupe Inc., a California corporation.
5. Independent Contractors.
You agree that no agency, joint venture or partnership relationship exists between you and Quick Design Signs.com as a result of this Agreement or use of this Site.
6. Severability.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. ??7. Entire Agreement.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Quick Design Signs.com with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Quick Design Signs.com with respect to such subject matter. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
8. Notices
All notices to Quick Design Signs.com will be in writing and delivered by US Mail, air courier or electronic mail using the following addresses:
Quick Design Signs.com
1142 S. Diamond Bar Blvd. # 410
Diamond Bar, CA 91765
Email: Support@qdsigns.com.
Email communication will satisfy the requirement of “in writing” where applicable by law.
9. Injunctive Relief.
You acknowledge and agree that any violation of this Agreement relating to the disclosure, use, copying, distribution, display or publishing of the information and/or materials on the Site and use of the Site may result in irreparable injury and damage to Us that may not be adequately compensable in money damages, and for which we will have no adequate remedy at law. You, therefore, consent and agree that we may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
10. Waiver.
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
11. Assignment.
We may assign our rights and obligations under this Agreement, without notice, to (i) any affiliate of Quick Design Signs.com, or (ii) any party or its affiliate acquiring all or substantially all of the assets or stock by merger or otherwise of Quick Design Signs.com or any affiliate of Quick Design Signs.com. This Agreement may not be assigned by you without our prior written consent.
12. Binding Contract.
By using the Site or the Service, or by registering for an Account, you represent that you are a person of legal age to form a legally binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and are accepting this Agreement on behalf of yourself.
IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE.
- - END OF AGREEMENT - -
PRIVACY POLICY
Thank you for visiting the Quick Design Signs.com Site located at the URL’s www.QuickDesignSigns.com and www.qdsigns.com.
The Site is operated by Quick Design Signs.com for the purpose of disseminating information about our company and our Quick Design Signs.com services and products, and to provide a mechanism for users to design and order our products online through the Site.
This Site is controlled, and all information that you submit through this Site is collected, stored, and processed in the United States.
Privacy Policy Updates
Due to the Internet’s rapidly evolving nature, we may need to update this Privacy Policy from time to time. If so, we will post the updated Privacy Policy on this Site so that you are always aware of what personally identifiable information we may collect and how we may use this information. We encourage you to review this Privacy Policy regularly for any changes. Your continued use of this Site will be subject to the then-current Privacy Policy.
What We Collect and How We Use It
Generally, you may visit this Site without providing Quick Design Signs.com with any personally identifiable information. Quick Design Signs.com recognizes, respects, and protects the privacy of our customers. We collect personally identifiable information about you only if you voluntarily provide it to us and you have the option not to provide any personally identifiable information to us. You may voluntarily provide to us personally identifiable information such as your name, address, email, password, phone number and other contact information. When you contact us, to submit a request to us, fill out contact information, sign up to receive special promotions and offers from Quick Design Signs.com, submit a request for quote, send User Submitted Materials, we will collect your personally identifiable information that you submit to us in connection with that action to process your request. We may also collect other personally identifiable information that you choose to include in any communications that you send to us. We may use your personally identifiable information to respond to your requests for information and provide you with information about Quick Design Signs.com. We may use small text files called cookies to improve your overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you.
Use and Disclosure
Your privacy and personal information are held in trust when you shop online with us. We require and only use information our customers knowingly and willingly provide to process their order, fulfill their service request or to enhance their personal shopping experience. We may disclose your personal information as necessary to our agents or sub-contractors only in connection with this purpose. Where Quick Design Signs.com discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to prevent harm to yourself or others. Additionally, we may disclose your personally identifiable information, in our sole discretion, to law enforcement agencies to assist in any investigation. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Quick Design Signs.com may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights. Except as set forth above, we do not share your personally identifiable information to third parties, without your consent, except to the extent required by law, in accordance with your instructions.
We do not sell, rent, trade or share ANY information regarding or provided by our customers to anyone for any reason. We use customer information for the sole purpose of processing your order or contacting you if necessary. We do provide you with the option of receiving special promotions and offers from Quick Design Signs.com via E-mail or US mail when you are setting up your account.
Children's Privacy
Quick Design Signs.com recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. No personally identifiable information is collected by us from children under the age of 13 and this Site is not intended for children under the age of 13. Quick Design Signs.com does not target its services or this Site to children under 13. Quick Design Signs.com does not knowingly collect personally identifiable information from children under the age of 13.
Links to Third Party Sites.
The Site may include links to or from other websites ("Third Party Sites") on the Internet that are not under the control of or maintained by Quick Design Signs.com. These links do not constitute an endorsement by us of these Third Party Sites, the content displayed therein or the persons or entities associated therewith. You acknowledge that we are providing any links to Third Party Sites to you only as a convenience, and you agree that we are not responsible for the content of any Third Party Sites. Your use of these Third Party Sites is subject to the respective terms of use and privacy policies located on the Third Party Sites. We have no control over information that is submitted to, or collected by, these third parties, unless otherwise expressly provided by us.
Limits on Our Abilities.
Your privacy is very important to us. However, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems (our practices are more fully described in the section entitled "What We Collect and How We Use It" above).
Security
We may employ procedural and technological measures, consistent with industry practice that are reasonably designed to protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. All information is stored on a secured server and is not accessible to third parties. This Site uses a secure server (SSL) to encrypt all of your personal information.
Controlling or Changing Your Information?You may request to stop receiving marketing or promotional communications by sending us a written request to the address listed below or by following the opt-out instructions in the e-mail you receive from us. You may review, change, or request the deletion of your contact information and preferences at any time by:
Emailing us at: Support@QuickDesignSigns.com
Writing us at:
Quick Design Signs.com
3196 E. La Palma Ave,
Anaheim, CA 92806
However, to the extent that corrected or deleted information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases. Some information may be retained for longer periods as required by law, contracts or auditing requirements.
This Privacy Policy was last updated on December 3, 2009. This Privacy Policy is effective as of December 3, 2009.
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