Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “Stellar Signs,” "fullcolorbrochures.net," “us”. we, or “our” refers to Stellar Signs, LLC, the legal name of the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us 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 using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, text, video media and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Service Marks.
“Stellar Signs, LLC” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non–exclusive, non–transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non–commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non–commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re–export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
7. Registration
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
8. Errors, Corrections and Changes.
Stellar Signs, LLC attempts to ensure that the Content on this Website
is complete and current. Stellar Signs does not guarantee that the information
contained on this Website will not contain errors, inaccuracies or omissions.
Such errors, inaccuracies or omissions may relate to price or to product
description or availability. Stellar Signs, LLC reserves the right to correct
any error, inaccuracy or omission or to change or update the Content without
prior notice to you. Further, Stellar Signs, LLC reserves the right to
refuse or cancel any orders containing any error, inaccuracy or omission,
whether or not the order has been submitted, confirmed and/or your credit
card has been charged. If your credit card has been charged for the purchase
and your order is canceled, Stellar Signs, LLC shall promptly issue credit
to your credit card.
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9. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder, except that one print copy of search output is permitted for use within the user’s organization and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use.
Advertising and sponsored links found on content pages from third party providers are not provided by those content providers and are not endorsements.
10. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
11. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS–IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” 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, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the Site or any services or products obtainable therefrom, (2) the unavailability or interruption of the Site or any features thereof, (3) your use of the Site, (4) the content contained on the Site, or (5) any delay or failure in performance beyond the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
14. 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. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
15. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
16. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true 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 applicable taxes.
17. Orders
:Processing of orders is subject to our Terms of Service. We are not responsible for any delay in processing of orders due to natural disasters and act of God, fire or water occurrence in production premises, theft or vandalism, and any other cause beyond the control of Us.
18. Cancellation of orders:
All sales are final. No refunds or cancellations are permitted. You agree
to these terms and our terms of service by using our online ordering system.
19. Accuracy of Specifications:
Customer is reponsible for providing all artwork to our specifications.
We are not responsible for any artwork layouts submitted by the customer.
20. Electronic Manuscripts/Images:
It is customer's responsibility to maintain a copy of original files. We
are not responsible for accidental damage to media supplied by the customer
or for the accuracy of furnished or final input. Any digital input will
be evaluated and no liability is assumed for problems that may arise by
fullcolorbrochures.net. Any Addditional translating, editing, or programming
required to utilize customer -supplied files will be charged at prevailing
rates. Customer will be notified if uploaded artworks do not meet our supplied
template formats. We are not responsible for color matches or colors uploaded
on customer supplied files.
21 Limitation of liability for website usage
In no event shall Stellar Signs, LLC (fullcolorbrochures.net), or its licensors, suppliers, vendors, their officers, directors, employees or agents be liable for any special, incidental, indirect or consequential damages of any kind, any damages resulting from loss of use, data or profits, whether or not Stellar Signs, LLC has been advised of possility of the damage, arising out of or in connection with the use or performance of the website or of failure to provide services ordered from Stellar Signs, LLC or its affiliates, including without limiation, damages arising from mistake, omission, virus, delay or interruption of service. In no event shall we be liable for any damages or consequences arising from or related to customer's or web surfer's inappropriate or unauthorized use of the site or its content.
22. Color Proofing:
Stellar Signs (fullcolorbrochures.net) is not liable for color matching
or ink density. A variation of color proof and completed job is to be expected
and considered acceptable performance. We do not guarantee any color matches.
23. Overruns/Underruns:
A maximum of 10% overruns/underruns will be billed at the completiono f
the job as per the final count. By Using our online ordering service, you
, the customer, are agreeing to this charge.
24. Shipping and Delivery:
fullcolorbrochures.net will always act to make sure the delivery schedules
are met, however, unexpected equipment failure, technical problems may
delay printing process and on time shipping. Such cases will not be a ground
for order cancellation. All sales are final. Fullcolorbrochures.net is
not liable for third party shipping errors, omissions or damaged shipments,
if such cases occur, Fullcolorbrochures.net will file a claim to third
party shipping companies and whatever the refund, it will be handed over
to the customer.
25. Turnarounds:
Production schedules are established and followed by both the customer and Fullcolorbrochures.net. Fullcolorbrochures.net is not held liable for any delays due to out of control circumstances. If occassionally a customer needs to expedite an order, based on the production schedule of Fullcolorbrochures.net, such request may be expedited with an additional calculated and agreed upon charge.