Promo People, Inc. Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics, logos, button icons, image, audio clips, digital downloads, data compilations, software, or code is copyrighted as a collective work under the United States and Canada and other copyright laws, and is the property of Promo People. All software used on this site is the property of Promo People or its software suppliers and is protected by Canadian, U.S., and International copyright laws. The collective work includes works that are licensed to Promo People. Copyright 2006, Promo People. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Promo People or purchasing Promo People products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Promo People or to purchase Promo People products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Promo People. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks, logos and trade names of Promo People and its subsidiaries used in the site are trademarks or registered trademarks of Promo People and its parent company.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Promo People disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Promo People does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Promo People does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states and provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Promo People shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Promo People has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
We at Promo People strive for product and pricing accuracy on our web site. However, in the event that a Promo People product is mistakenly listed at an incorrect price, Promo People reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Promo People reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Promo People shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Promo People without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Promo People may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Promo People.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Promo People products) shall be in the provincial or federal courts located in Ontario, Canada. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Promo People products) must be commenced within one (1) year after the claim or cause of action arises. Promo People's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Promo People may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Promo People or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Promo People does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Promo People is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Promo People reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Promo People in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Promo People, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Promo People may link to sites operated by third parties. However, even if the third party is affiliated with Promo People, Promo People has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Promo People. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Promo People seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Rights to Use Trademarks
When submitting a design to Promo People, please ensure that you warrant and represent that you are the sole, legal owner, authorized agent, or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, or logo. Use of any logo for promotional purposes without the prior written consent of the authorized agent or affiliate of the registered owner may constitute trademark infringement under federal, state, or provincial law. Promo People will not accept liability for clients who have misrepresented their ownership of licensees or trademarks.
Reproduction of Trademarks and Logos on Our Web Site
All items shown on our web site containing corporate logos or registered trademarks are shown only to illustrate the logo reproduction capabilities of the companies that produce the respective merchandise displayed on our site. The illustration on any trademark does not constitute any endorsement by Promo People on behalf of the owner of the said trademark or design.
Product Images Displayed on our Web Site
We warrant that we have not altered or enhanced any images shown on our web site to misrepresent the true nature of the product displayed. Customers are encouraged to request samples of the products they are considering for purchase to ensure that the color and quality meet their requirements.
Over/Under Runs
During the production process, products may be discarded that do not meet our factories’ high standards. Some factories run extras to be sure to have enough properly imprinted pieces to fill the order. Therefore, you may receive an overage or shortage on your order. The industry standard on most products is +-5%. You will be billed for the actual quantity shipped.
Terms & Conditions for 100% Customer Satisfaction Guarantee
Returning Imprinted Products
In order for us to return, re-run or offer credit on imprinted products that do not meet order specifications, the following steps must have been followed in the order process:
Step 1: Order a product sample.
Promo People encourages all customers to take the opportunity to review a product sample before ordering a bulk quantity with decoration. Product samples are representative in nature and in certain instances there may be slight variations in the product received. Note that production and shipping of samples can add 5-10 days to the order process. Please review our Sample Policy for more information.
Step 2: Order a pre-production sample (i.e. decoration on one item).
Promo People can produce a decorated sample of an item prior to running an entire order. This is highly recommended for all orders. Pre-production samples involve additional charges and production and shipping can add 5-10 days to the order process. Please review our Sample Policy for more information.
Step 3: Approve the order confirmation.
When you place an order with Promo People, an order confirmation and payment authorization form is sent via email. This form provides details on your order such as products ordered, quantity, colour and decorating information and allows for any changes to be made. This form must be approved with your signature and faxed back to Promo People in order for us to proceed with your order (regardless of whether you have opted to order a product sample and/or pre-production sample).
Step 3: Approve the electronic art proof.
After your order has been confirmed, an art proof that shows the placement of the logo on the product will be sent by e-mail prior to production. Customers are asked to initial the proof, complete and sign an art proof approval form, and fax both documents to Promo People.
Production of your imprinted products does not commence until the order confirmation and electronic art proof have been checked and signed by you the customer. Although this process may seem burdensome, it is for your benefit as it gives you the opportunity to ensure that you are getting exactly what you expect through ordering our products.
If you are not completely satisfied with your promotional products purchase, please call 1-888-987-7766 ext 2 within 15 days of delivery of your goods and we will work with you to resolve the issue.
Returning Unimprinted (Blank) Products
Certain blank products can be returned; for example if a sample is ordered (blank or random imprint). Returned blank products are subject to a 25% restocking fee. All blank products must be returned within 30 days of receipt of goods. Please note that returned items will not be accepted without a Return Materials Authorization (RMA) number issued by Promo People.
Rush Orders
Due to the steps that must be followed and time limitations, rush orders cannot be guaranteed. Disclaimer
Price quotes are subject to change, as are exchange rates between Canadian and US funds.
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