TERMS AND CONDITIONS
OF USE OF WEBSITE
YOU AGREE BY USING THIS WEBSITE THAT ALL-IN-ONE® AND THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, VENDORS AND/OR SUPPLIERS HAVE NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES CAUSED TO YOU OR YOUR CUSTOMERS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AFFILIATES OR OTHER THIRD PARTIES, ARISING OUT OF OR RESULTING OR CAUSED PROXIMATELY OR OTHERWISE FROM YOUR USE OR INABILITY TO USE THIS WEBSITE.
Customers may prevent their information from being used for purposes other than those for which it was originally collected. If you do not wish to receive such mailings, telephone calls or email marketing please let us know by e-mailing us at webservice@allinoneline.com (a client-safe e-mail address). Please provide us with your exact name and address. We will be sure your name is removed.
If You are dissatisfied with this website, or the contents thereof, or the manner in which the website operates, You agree that Your sole remedy is to discontinue using this website. You acknowledge that Your use of the website is at Your own risk. To the extent a law or a Court does not allow this limitation of liability, or it is otherwise found to be invalid or unenforceable in a court of law or otherwise, You agree that the any aggregate liability of All-In-One®, including its affiliates, agents, employees, officers and directors, arising as a result of Your use of this website will be liquidated at one hundred dollars ($100.00).
You agree that these Terms, Your purchase of products, and Your use of the website do not create a third party beneficiary relationship for any person or entity and is solely for Your use.
All of the content on our website, including the logo, page headers, images, illustrations, graphics, clips, text, software and products are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses (referred to in these Terms as "Legally Protected Materials") held by All-In-One® or one of its affiliates or by third parties. By using this website, You agree to honor the copyrights of All-In-One®, its affiliates, and any third parties' rights to Legally Protected Materials.
The content of this website, and the website as a whole, are intended for Your use in making purchase selections and/or using the blog, and may not be copied or printed for any other purpose, and may not be copied or posted to the content of any other network computer or in any media, and may not be altered or changed in any way. Your permission to access this website does not permit You to reproduce or use any Legally Protected Materials for Your own benefit or the benefit of any other person or entity. Except as noted in this paragraph, You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content of this website without first obtaining our express written consent. This includes the use of meta tags or other hidden text using materials from this website. You may not use any Legally Protected Material belonging to us or appearing on our website in any manner that is not in connection with our products and services, or in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages us or the owner of the Legally Protected Material.
All logos appearing on our website, catalog, and emails are for illustrative purposes only, do not imply endorsement by us of the product or company represented by the logo, do not imply endorsement or affiliation of us by the owner of the logo, or that the logo owner is a client of us. All logos appearing are the property of the authorized owner.
You are responsible for maintaining the confidentiality of Your password to this website if You are a registered user. You agree to accept responsibility for all activities that occur under Your account and password.
In order to use this website to order products or participate in the blog, You must provide information about Yourself to us. You agree that we are not liable to You for disclosure of this information to a third party, whether the disclosure was willful, unintentional, negligent or grossly negligent, and that we are not obligated to pay for any loss resulting from same, whether such loss is direct or indirect, including but not limited to general, special, consequential, incidental, exemplary or otherwise, (including without limitation loss of data, income or profits). To the extent this limitation on liability is not allowed by law, You agree that the aggregate liability of All-In-One®, including affiliates, agents, employees, officers and directors, arising as a result of the use of this website by You will be liquidated at one hundred dollars ($100.00). We are not responsible for the privacy practices of any website links on our website, and You agree to hold us harmless for any damage that may be caused to You by accessing such links.
You agree to indemnify, defend and hold harmless All-In-One®, any affiliates of same, and their officers, directors and employees for any claim or demand, including but not limited to claims for losses, expenses, damage and costs, including attorney's fees, made by You or any third party due to or arising out of (i) Your use of this website (including information, materials, and links appearing on the website), and (ii) Your purchase of products available on our website or in our catalog, including ordering, printing, manufacturing, shipping, or delivery, and (iii) resulting from the violation of these Terms by You, Your use or distribution to others of products purchased from this website, or the infringement by You or any other user on Your behalf of any Legally Protected Materials.
If we determine, in our sole discretion, that You or someone acting on Your behalf breached these Terms in any respect, we reserve the right to (i) warn You that You have violated these Terms, (ii) delete any and all Submitted Materials provided by You or Your agent(s) to our website, (iii) discontinue Your registration on our website, and (iv) cooperate with and/or notify law enforcement authorities regarding Your activities, and (v) any other action we deem, in our sole discretion, to be appropriate.
We welcome bloggers. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted will be and remain our exclusive property. Your submission of any such Comments will constitute an assignment to us of all rights, worldwide, and all title and interest in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish, and distribute any material submitted by You or on Your behalf for any purpose whatsoever, without restriction and without compensating You in any way. We will not protect the confidentiality of any information contained or stored in any such Comments.
This is a professional blog page and is publicly available through our website. Out of respect to any other users, and the stated purpose of this Blog, You may not upload, link to, make statements or include data, including writings, photos, website links, videos or other media (collectively referred to herein as "Submitting or Submit Materials") on this page that contain or include obscene, profane, harassing, threatening, defamatory, racially or sexually offensive material, or that are invasive towards other people's privacy ("Improper Material"). You may not Submit Materials that contain viruses or other harmful computer code or data. You may not Submit Materials that includes Improper Material. You may not Submit Materials that violate any state or any federal law. You may not submit Legally Protected Materials that are owned by anyone other than You others unless You have license or express written permission to post such material. You may not use this blog to advertise any product or service without our express written prior permission. By using this blog, You agree not to use a false email, impersonate any person or entity, or otherwise mislead other persons who review this blog. If You fail to adhere to these guidelines, You agree to be liable for Your conduct, and
You agree that we have the right, but not the obligation, to delete any portion of or all Submitted Material if it violates these Terms. You agree that we do not have the ability or obligation to prescreen or review any Submitted Materials by any person or entity, and have no liability to You or any third party for any Submitted Material or its removal.
You agree that we have no obligation to maintain this blog or keep it available to You or any other user at any time. You agree that we are not liable to You or any third party for any disruption of this blog, whether temporary or permanent. You agree that by using this website, we are not creating any third party beneficiary rights to any other person or entity relating to this blog. You agree that You do not have any third party beneficiary rights with respect to any person or entity who Submits Materials on this website, or with whom we have agreements relating to this website.
(a) The terms of this Agreement, and any modifications or amendments agreed upon by us and You in writing, will be governed by the laws of the State of California without regard to conflict of laws provisions of such laws. Should any controversy or claim arising out of or relating to this Agreement, including the actual or alleged breach thereof, the parties agree to mediate their dispute through Judicate West, the American Arbitration Association, JAMS, National Conflict Resolution Center or a similar alternative dispute resolution organization as a prerequisite to filing a claim as specified below. The cost of the mediator will be shared jointly by the parties. If mediation fails, the parties agree that their dispute shall be settled by binding arbitration conducted in the City of San Diego through the American Arbitration Association or Judicate West, conducted according to the AAA Employment Arbitration Rules. The failure of a party to appear at or participate in any hearing or other portion of the arbitration proceeding shall not prevent any such hearing or proceeding from going forward, and the arbitrator is empowered to make a decision and render an award ex parte which shall be binding on such Party as though the Party had participated in such hearing or proceeding. Cost of the arbitrator shall be shared jointly by the parties. For any legal action, arbitration or other proceeding brought involving a dispute between the parties or arising out of the execution of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or proceeding, in addition to any other relief to which such party may be entitled. To the extent the arbitration portion of this agreement is determined by a Court of law or arbitrator to be unenforceable, the sole jurisdiction and venue for actions related to the subject matter hereof is the San Diego Superior Court and/or the U.S. District Court for the Southern District of California, which is the location of our principal business.
We are not affiliated with persons making testimonials regarding our website or products. We do not make any representations as to the accuracy of the statements contained in the testimonials. You agree that we are not liable in any respect for any statements made by any person in the Testimonials.
If any of the Terms contained herein are determined to be invalid or to conflict with the law under which these Terms are to be construed, (i) all remaining Terms will continue to be in full force and effect, and (ii) any invalid or conflicting provisions will be interpreted, to the greatest extent allowed by law, to reflect the original intention of the parties in accordance with the applicable law.
TERMS AND CONDITIONS
OF SERVICE AND SALE
All orders must be confirmed by us via email or in writing to be valid "accepted" by us. If You have not received a written confirmation of Your purchase in the form of a purchase order, the purchase is pending and not binding on us. If You have not received written confirmation in a reasonable time period, please contact us to ensure proper ordering and confirmation. Prices and time of delivery are not confirmed until we issue a purchase order. We do not accept verbal purchase orders.
Artwork must be approved by You in writing by fax or email before production will begin.
We are not responsible for errors that result from hand-written purchase orders or hand written copy. All orders are subject to a 5% to 7% under/overrun and will be shipped and billed accordingly.
All orders other than prepay orders are subject to approval of credit. No order is deemed "accepted" by us until credit approval is issued. Payment for any invoice is past due and delinquent when full payment has not been received for more than 30 days past the due date. This constitutes a material breach of the agreement between us and You as the purchaser. Where a payment is past due, we may, in our sole discretion, elect one or more of the following remedies, each of which is cumulative and not in the alternative: (i) charge You 1.5% per month on Your outstanding account for late payment, (ii) on three days' notice to You, terminate our relationship and discontinue all current orders we are processing on Your behalf; (iii) refer Your account to a collection agency, and (iv) file a claim in a court of law, exercise our lien on merchandise already shipped to You. We will be entitled to reasonable attorneys fees and all other costs reasonably incurred in connection with each of the foregoing actions.
Without limiting any other disclaimers of warranties stated herein, and to the fullest extent permissible by law, we disclaim any and all warranties, express or implied, for any merchandise offered on this website. This disclaimer is not extended on behalf of the manufacturer of the item. By ordering from this website, You agree that any claims of defect, merchantability, fitness for use or any other claim will be between You and the manufacturer and You hereby indemnify and hold harmless All-In-One® and any of their employees, officers, directors or affiliates relating to the merchandise.
You agree that we disclaim any liability or responsibility for accuracy or completeness with regard to the description of any product or item on our website. We are not responsible for any errors or omissions or for the results obtained by using this website or the information contained herein. You agree that the most accurate description of any item may be obtained by You from the manufacturer of the item.
We have done our best to display the color of the product and ink as accurately as possible. Our products are depicted to best show their potential. Because the colors You see depend on Your monitor, photo quality, and the material and color of the product on which we imprint, we cannot guarantee an exact match to the color You see on the computer. If You require an exact match, You may request a sample of the product color to review and where available, we will provide the sample. Please note that the colors used on all products are derived from the Pantone Matching System Color Chart, and You may consult a Pantone Matching System Color Chart for more accurate portrayal of actual color which will be used. Not all imprint colors are recommended for all products. You must inquire to confirm suitability. There may also be slight variations from products displayed and products delivered as products can be obtained from multiple sources.
Prices shown on our website are subject to change without prior notification. Any price changes, higher or lower, and special deals, will be shown on our website. You have not accepted a firm price on a product until we issue the invoice for the product.
We cannot be responsible for delays in delivery or product availability. Timing can vary materially depending on color, finish, availability of material, and delivery of product from the vendor for printing. Time provided for delivery of orders is an estimate only, but we will use reasonable efforts to provide timely delivery. By ordering merchandise from this website, You expressly agree that time of delivery is not a material term to Your purchase, unless specifically and expressly agreed between You and us in writing. Late delivery will not constitute a breach of any agreement, and we will not be liable for any damage or loss caused as a result of late delivery, including general, special, consequential, incidental, exemplary or otherwise, (including without limitation loss of data, income or profits), whether arising in contract, tort, negligence or gross negligence.
Late delivery will not constitute a breach of any agreement, and we will not be liable for any damage or loss caused as a result of late delivery, including general, special, consequential, incidental, exemplary or otherwise, (including without limitation loss of data, income or profits), whether arising in contract, tort, negligence or gross negligence.
In the event that a product on our website or in our catalog is mistakenly listed at an incorrect price, or with incorrect product information, we reserve the right to refuse or cancel any orders placed for incorrectly listed product(s), regardless whether 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, we will issue a credit to Your credit card account in the amount of the incorrect price.
All returns must have factory approval and RMA number from us or the return shipment will be refused.
You agree that custom imprinted merchandise may not be returned for any reason, and we will issue You no refund for such merchandise, unless the merchandise is defective or a factory error. In the case of factory error, we reserve the right, in our sole discretion, to elect to remake the merchandise or refund the net price of the defective product.
You agree to pay a restocking fee for a return of any unimprinted product equaling the greater of $35 or 15%.
Notwithstanding California law to the contrary, Seller reserves the right of lien on all goods shipped to buyer until payment in full is received. If Seller is required to take steps to collect on any unpaid statement for goods already shipped, buyer agrees to pay all attorneys fees and costs associated with collection of same.
All items are made pursuant to a shipment contract. The risk of loss and title for items passes to You upon our delivery to the carrier for shipment.
You agree that the relationship between All-In-One® and its vendors and suppliers displayed on the website and in the catalog is a material aspect of this transaction. You agree that You will not take any action to establish a direct relationship with such vendors and/or suppliers to the detriment of All-In-One®, commence a business relationship with or purchase directly from such vendors and/or suppliers, or interfere in any manner with the business and contractual relationship between us and such vendors and suppliers, for a period of one year after the termination of any relationship between All-In-One® and You, Your affiliates, or any directors, officers, employees or agents acting on Your behalf.