July 17, 2001 Updated September 5, 2008
1. Service and Conditions of Use
Welcome to Designer IMPRINTS.com (The DI Shop) By use of this site you acknowledge that Designer IMPRINTS, is solely responsible for the Merchandise as well as all aspects of fulfillment for any orders you place, including but not limited to, the credit card transactions and shipment of merchandise. Any disputes or questions relating to the Merchandise or fulfillment thereof shall be directed to Designer IMPRINTS. By using this site, you further agree that the Limitation of Liability set forth below applies to Designer IMPRINTS with respect to any liability arising from DesignerIMPRINTS.com
Upon notice published through DesignerIMPRINTS.com, Designer IMPRINTS may modify this Agreement at any time. By using DesignerIMPRINTS.com you agree to use DesignerIMPRINTS.com in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined herein. Please note that you will be referred to as"Customer" from time to time in this Agreement.
2. Price and Payment
Customer agrees to pay all amounts owed to Customer's account, including shipping and applicable taxes, in accordance with billing terms in effect at the time the charge(s) become payable. Please note that your credit card will be billed by Designer IMPRINTS. Designer IMPRINTS reserve's the right to change prices for Merchandise sold on Designer IMPRINTS.com at any time. Customer's right to use Designer IMPRINTS.com is subject to any limits established by Designer IMPRINTS or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or if any of Customer's charges are returned to Designer IMPRINTS for any reason, including chargeback, Designer IMPRINTS reserves the right to either suspend or terminate Customer's access and account.
3. Limitation of Liability and Disclaimer of Warranty
CUSTOMER AGREES THAT USE OF DESIGNERIMPRINTS.COM AND ITS MERCHANDISE IS AT CUSTOMER'S OWN RISK. ALL PREPRINT DESIGNED MERCHANDISE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DELAY IN DELIVERY OF MERCHANDISE ORDERED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER DESIGNER IMPRINTS, OR ITS AGENTS, AFFILIATES, SUPPLIERS CURRENT OR FUTURE CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO USE OF OR INABILITY TO USE DESIGNERIMPRINTS.COM, FULFILLMENT OF ANY MERCHANDISE OR FROM THE MERCHANDISE ITSELF. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ANDSERVICES OFFERED THROUGH DESIGNERIMPRINTS.COM.
CUSTOMER FURTHER AGREES THAT NEITHER DESIGNER IMPRINTS, ITS AGENTS OR AFFILIATES CURRENT OR FUTURE, SHALL HAVE ANY LIABILITY ARISING OUT OF BREACHES IN TRANSACTION SECURITY CAUSED BY THIRD PARTIES.
4. Trademark
All logos marked with TM are trademarks of Designer IMPRINTS
5. Notices
Designer IMPRINTS may give notice to Customers by means of a general notice, electronic mail to Customer's e-mail address on record in Designer IMPRINTS' account information, or by written communication sent by first class mail to Customer's address on record in Designer IMPRINTS' account information. You may give notice to Designer IMPRINTS (such notice shall be deemed given when received by Designer IMPRINTS at any time by any of the following):
1. electronic mail to customerservice@designerimprints.com
2. letter faxed to Designer IMPRINTS at 1-888-644-9234
3. letter delivered by first class postage prepaid mail or courier to Designer IMPRINTS at the following
address:
Designer IMPRINTS
att: Legal Department
6. Indemnification
Customer agrees to indemnify and hold Designer IMPRINTS, and their successors, assigns, agents, affiliates, employees and director's harmless from any dispute which may arise from a breach of this Agreement. Customer agrees to hold designer IMPRINTS from any claims and expenses, including reasonable attorney's fees and court cost's, related to Customer's use of this site and/or breach or alleged breach of this Agreement.
7. Termination of Service
Designer IMPRINTS may terminate your rights to this service at any time, without notice, for conduct that Designer IMPRINTS believes violates this Agreement or other policies or guidelines that Designer IMPRINTS has posted on A Designer IMPRINTS service. Additionally, Designer IMPRINTS may terminate your right to this services for online conduct which Designer IMPRINTS believes is harmful to other customer's or Designer IMPRINTS .
8. Choice of Law
This agreement shall be construed and controlled by the laws of the State of New Jersey. Further, any disputes relating to this Agreement or Designer IMPRINTS will be governed by the laws of the State of New Jersey. Customer agrees to personal jurisdiction by the state and federal courts in the State of New Jersey.
All major credit card payments as well as e-check payments accepted through
