What this Agreement Covers
This Agreement governs your use of the Site and the tshirttacos.com service (the “Service”). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, “Institutions”); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of T-Shirt Tacos, Inc. and Third Parties
T-Shirt Tacos, Inc. is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the tshirttacos.com Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by T-Shirt Tacos, Inc.
T-Shirt Tacos, Inc is the owner of the T-Shirt Tacos trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by Tshirttacos.com from Institutions and other third parties (the “Licensed Marks”). By using the Tshirttacos.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. T-Shirt Tacos, Inc. will notify you of such terms if your usage is in violation of such terms.
Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact T-Shirt Tacos, Inc. and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. T-Shirt Tacos, Inc. retains the right to display such designs or offer them (or variations of such designs) to other customers.
Additionally, T-Shirt Tacos, Inc. has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for T-Shirt Tacos production.
You agree to not use T-Shirt Tacos, Inc. Service to create 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, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
Rights You Grant T-Shirt Tacos, Inc.By approving the posting your Content, you grant T-Shirt Tacos, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote T-Shirt Tacos, Inc. and/ or the Services in general, in any formats and through any channels, including across any T-Shirt Tacos, Inc. services, third-party website, advertising medium and/or social media.
T-Shirt Tacos, Inc. accepts online or telephone payment via credit card, debit card, or electronic check (ACH). All payments sent electronically are securely transmitted.
T-Shirt Tacos, Inc. also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
T-Shirt Tacos, Inc. orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed/embroidered apparel items are available for a 10% rush charge. Rush orders are delivered within 7 days. Delivery times may vary during the holiday seasons.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
T-Shirt Tacos, Inc. goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, T-Shirt Tacos, Inc. accepts returns and will refund payment if and when customers are disappointed by T-Shirt Tacos, Inc. merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.
For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order.
For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order.
Limit of T-Shirt Tacos, Inc. Responsibility
T-Shirt Tacos, Inc. will be responsible for acting only on those instructions sent to T-Shirt Tacos, Inc. that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. T-Shirt Tacos, Inc. is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. T-Shirt Tacos, Inc. is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”. T-Shirt Tacos, Inc. does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will T-Shirt Tacos, Inc. be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if T-Shirt Tacos, Inc., or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Intellectual Property Claims
T-Shirt Tacos, Inc. respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of T-Shirt Tacos, Inc., please provide written notice to the following contact for notice of claims of infringement:
T-Shirt Tacos, Inc.
22 North 800 West
Salt Lake City, Utah
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold T-Shirt Tacos, Inc. and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of T-Shirt Tacos, Inc. Site and the Service, your violation of this Agreement, or your violation of any rights of another.
You and T-Shirt Tacos, Inc. agree that any dispute or claim arising from or relating to the Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rule in effect at that time (those rules are deemed to be incorporated by reference into this section, and as of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Agreement will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and T-Shirt Tacos, Inc. are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
This Agreement shall be governed by the laws of the state of Utah and, where applicable, by federal law.