Terms & Conditions

These Terms and Conditions of Use (hereinafter the “Agreement”) set forth the terms and conditions that apply to your use of www.sowalgraphics.com (the “Site”) and any orders via phone, text or email with soWal Graphics, LLC. Please read the Agreement carefully. The Agreement governs your access and use of the Site as well as the provision and sale of products and services by soWalGraphics, LLC., and/or its subsidiaries (collectively referred to hereinafter as “SWG”), as the context may require.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to the products provided by SWG. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to placing any orders with SWG.

  2. Copyright & Content. This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to hereinafter as “Content”). This Site and all Content are the copyrighted property of SWG or the copyrighted property of parties from whom SWG has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in this Agreement. SWG reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by you or SWG remain the property of SWG. The sign design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. SWG reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual sign design elements through your creation of a sign design and/or your incorporation of a sign design into one or more products. Other SWG customers may use the design tools to create signs that have similar or identical combinations of these elements and SWG does not guarantee that your sign will not have similarities to signs designed and used by other parties. SWG provides no warranty of any kind that sign designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the sign design is legally available for your use and does not infringe the rights of another party.

  3. Trademarks. Any trademarks and/or service marks (including logos and designs) found on the Site that are trademarks/service marks that identify SWG and the goods and/or services provided by SWG may not be used under any circumstances without the prior written authorization of SWG. 

    1. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose of use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity.

  4. Other Intellectual Property. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners.

    1. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this SWG, you warrant that you have all necessary permission, right and authority to place the order and you authorize SWG to produce the Products on your behalf. 

    2. You grant SWG the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit SWG to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.

  5. Offensive or Demeaning Materials. You agree that you will not use the products to produce any materials or products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, profane, malicious, abusive, vulgar, defamatory, pornographic, indecent, inflammatory, tortuous, hateful; racially, ethnically or otherwise objectionable; portraying irresponsible use of alcohol or other substances; advocating persecution based on gender, age, religion, race, disability or national origin; containing explicit sexual content; invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property, including but not limited to patent, trademark, trade secret, copyright, or other proprietary rights of any third party; or is otherwise inappropriate for SWG's production (collectively, “Undesirable Activities”). SWG may terminate its service to customers found to be using SWG to engage in Undesirable Activities. SWG recognizes that the definition of “offensive” and “demeaning” will vary. Thus, SWG reserves the right to refuse any order it deems to be offensive or demeaning. 

    1. SWG reserves the right, in SWG's’ sole discretion, to refuse to accept any content provided by you to SWG or to process any order at any time and for any reason. SWG also may terminate its service to and/or the accounts of customers found to be using SWG to engage in Undesirable Activities or otherwise violating this Agreement. Designs that do not meet this policy under this Agreement, will be removed and/or orders cancelled. You agree that SWG shall have no liability of any kind to you or to any third party arising from such refusal or termination.

  6. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions. 

    1. SWG reserves the right to monitor all Submissions and to remove any Submission which it considers in its absolute discretion to be offensive, demeaning, or an Undesirable Activity in breach of this Agreement. By posting Submissions, uploading Submissions, or otherwise utilizing this site, you warrant and represent that:

      1. The Submissions do not contain anything that is offensive, demeaning, or that is otherwise an Undesirable Activity;

      2. The Submissions are in compliance with all applicable laws.

  7. Products. SWG does not make any claims about the legal compliance or registration of signs, or any other products sold by SWG. 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.

  8. Indemnification. By using this Site, you agree to indemnify, defend, and hold harmless SWG and all parties from whom SWG has licensed portions of Content, and their directors, officers, agents, employees and contractors, against all losses (including without limitation, direct, indirect, and consequential loss) claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of this Agreement or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

  9. Color Matching. You agree that while SWG is committed to doing everything we can to match the colors that you see on our website, in our design tool, and in uploaded files, SWG cannot guarantee color matches due to the difference in color (RGB values) displays on computer screens and our print process color values (CMYK) and other factors. We do offer Pantone color matching at a additional cost and production time.

  10. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

  11. Pricing errors. We work very hard to make sure all the information on the Site is accurate. But sometimes mistakes happen. When they do, we fix them as soon as possible. We reserve the right to withdraw any offer and to correct any errors or omissions. If you have already submitted an order and we discover a pricing error, we'll contact you as soon as possible. Depending on your wishes, we'll either cancel your order and issue a full refund, or we'll update the amount owed to reflect accurate pricing. Prices and availability are subject to change without notice.

  12. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

  13. Nontransferable. Your right to use the Site is personal to you and is not transferable to any other person or entity. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

  14. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

  15. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE OR PRODUCTS. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

  16. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

  17. Third-Party Services. We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

  18. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

  19. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

  20. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

 

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