Conditions of use
TERMS AND CONDITIONS OF USE
1. INTRODUCTION
Welcome
to the FASTSIGNS® web site which is owned by FASTSIGNS® National
Advertising Council, Inc. (“NAC”). Via this web site, NAC and
independent franchisees of FASTSIGNS® International Inc. (“FII”) and
their affiliates, subsidiaries, and predecessors in interest
(collectively referred to as “FASTSIGNS®”) provide customers with a wide
variety of Internet signage services, online design tools and other
services to create customized signage products, as well as shipping of
finished products (collectively the “Services”).
2. ACCESS TO THE WEB SITE
The
use of this web site and the provisions of Services through it is
governed by the terms and conditions set forth below. Please read them
carefully. By accessing, browsing and/or using this web site, you
acknowledge that you have read, understood and agreed to be bound by
these terms and conditions, including the FASTSIGNS® Privacy Policy,
which is posted on this web site and is fully incorporated by reference
into these Terms and Conditions of Use. If you do not or cannot agree to
these terms and conditions, please do not use this web site or any of
the Services offered through this web site. NAC reserves the right, in
its sole discretion, to make modifications, alterations, additions, or
updates to this web site and these terms and conditions at any time.
Such modifications, alterations, additions and updates will be effective
immediately and incorporated into these terms and conditions upon
notice thereof, which may be given by any reasonable means including by
posting to this web site. Whenever you access this web site, you accept
the affirmative obligation to review whether these terms and conditions
have changed, and your continued use of this web site shall be deemed an
acceptance and agreement to be bound by such modifications,
alterations, additions, or updates. We hope that you find this web site
and our services useful and come back to visit the web site often.
3. REGISTERING TO USE THE WEB SITE
In consideration of your use of this web site, you agree to:
• Provide true, accurate and complete information about yourself on the web site registration form, and
• Update this information as necessary to ensure its accuracy.
During
the registration process, you will be prompted to select a password and
an account designation. You should select a personal password that you
will remember. We recommend at least six characters. To maximize your
level of protection, you should choose a combination of both letters and
numbers. You are responsible for maintaining the confidentiality of the
password and account designation and you are responsible for all
activity that occurs under your account.
4. SITE SECURITY
The
web site has security measures in place to protect against the loss,
misuse or alteration of the information under our control. Although we
cannot guarantee against any loss, misuse, unauthorized disclosure,
alteration or destruction of data, we try to prevent such unfortunate
occurrences.
Because your credit card security is a high
priority, we have taken numerous steps designed to ensure that your
payment information is processed confidentially, accurately, and
securely. FASTSIGNS® uses Secure Sockets Layer (“SSL”), and encryption
technology that is designed to protect your credit card information. SSL
encrypts all ordering information (name, address, credit card number)
so no one can read it as it travels over the Internet.
5. OUR OWNERSHIP OF THE INTELLECTUAL PROPERTY ASSOCIATED WITH THIS WEB SITE
All
content on this web site and the Services offered on the web site are
the property of FII, NAC, and/or their licensors, and are subject to
U.S. and international copyright, trademark and other proprietary rights
and intellectual property rights laws. Except to the minimum extent
otherwise expressly permitted under copyright law, no copying or
exploitation of material from this web site is permitted except
expressly in accordance with these terms and condition or with express
written permission of NAC, FII and any other applicable owner. You
acknowledge that you do not acquire any ownership rights by virtue of
downloading copyrighted material from this web site. All rights not
expressly granted hereunder are expressly reserved to us and/or our
licensors.
6. YOU AGREE THAT YOUR USE OF THIS WEB SITE DOES NOT VIOLATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
You
may not, and by using this web site you agree not to, use this web site
to : (i) transmit or post material that is copyrighted, unless you are
the copyright owner or have obtained the permission of the copyright
owner to transmit it; (ii) transmit or post material that is protectable
trade dress or that reveals trade secrets, unless you own the trade
dress or trade secret or have the permission of the owner to so transmit
them; or (iii) transmit or post material that infringes on any
intellectual property rights of others or violates the privacy rights of
others.
You agree not to use the web site for or in connection
with any of the following activities: (i) transmitting or relaying spam,
spoofing or otherwise impersonating any person or entity, or falsely
stating or otherwise misrepresenting your identity or affiliation in any
way; (ii) using the web site for any fraudulent or illegal purpose;
(iii) e-mailing, uploading, or otherwise transmitting or using the web
site in furtherance of the use, distribution or transmission of any
unlawful, harassing, defamatory, tortious, libelous, sexually explicit,
obscene, hateful, racially, ethnically or otherwise objectionable
material of any kind; and (iv) transmitting material that contains
viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage, destroy,
disrupt or otherwise impair a computer's functionality or the operation
of the web site.
By submitting a design or logo for placement on
a sign or other materials, you warrant and represent that you are the
sole, legal owner or licensee of all rights to each copyright,
trademark, service mark, trade name, logo, statement, portrait, graphic,
artwork, photograph, picture or illustration of any person or any other
intellectual property included in such design or logo. Further, you
warrant and represent that no part of the design or logo: (a) violates
or infringes upon any common law or statutory right of any person or
entity, including, but not limited to, rights relating to copyrights,
trademarks, contract rights, moral rights or rights of public
performance; (b) is the subject of any notice of such infringement you
have received; or (c) is subject to any restriction or right of any kind
or nature whatsoever which would prevent FASTSIGNS® from legally
reproducing the images or text submitted.
7-A. TERMS AND PROCEDURES FOR ORDERING SIGNAGE FROM THE FASTSIGNS NAP
A. Placing Your Order
During
the ordering process, you will be prompted to select the FASTSIGNS®
center that you wish to have produce your signage. Whenever possible, we
will endeavor to honor your selection. However, we have the right to
assign all or a portion of your order to another FASTSIGNS® center or
centers in our sole discretion. Also, during the ordering process, you
have the option of selecting the FASTSIGNS® center nearest you for the
fulfillment of your order. The software utilized for this function is
provided by a third party, and we cannot guaranty that it will
accurately select the FASTSIGNS® center nearest to you.
B. Order Changes
FASTSIGNS®
will make every effort, upon your request, to change your order. If the
order has not yet started the production process, no additional change
fees will be applied. In the case of changes, the setup fees may vary
from the original quote depending on your requirements.
If the
order has reached the pre-production set up phase, there may be change
charges that apply. If an item has begun production, we cannot stop or
change the order.
C. Order Cancellations
You
cannot cancel an order (or part of an order) if any of the items in the
order have reached the pre-production set up phase. Therefore, you
should thoroughly review these terms and conditions before you place an
order.
D. Payment
FASTSIGNS®’
standard payment terms are cash in advance or prepayment by Visa or
MasterCard credit card. Businesses with gross revenues in excess of $1
million dollars in the past fiscal year or that have received trade or
other business credit may be eligible for trade credit from FASTSIGNS®.
You hereby authorize FASTSIGNS® to perform or obtain a credit
investigation based on your order profile and to receive and exchange
credit information on you. You understand and agree that the findings of
this investigation may result in denial of a line of credit or credit
account, and FASTSIGNS® may then require you to make a deposit, a
prepayment, or provide other security, or even terminate our
relationship regardless of activity status. If you meet our minimum
credit standards, your Account Representative will inform you regarding
the amount of your initial credit line. Customers with a credit account
will be invoiced when the last item in your order is shipped. All
payments subject to trade credit are due and payable in full thirty (30)
days from the date of invoice.
If you have or FASTSIGNS®
subsequently establishes a trade credit account for you, FASTSIGNS® may
suspend or revoke your credit line under any one or more of the
following conditions: If you have or FASTSIGNS® subsequently establishes
a trade credit account for you, FASTSIGNS® may suspend or revoke your
credit line under any one or more of the following conditions:
• If your account is over thirty (30) days past due;
• If a check is returned for Non-Sufficient Funds;
• In the event that any of your debt is turned over to a third party for collection;
• If the combined amount of multiple orders exceed your approved credit limit; or
• At the sole discretion of FASTSIGNS®.
You
agree to indemnify and hold harmless NAC, FII the franchisees of FII
and their respective affiliates, officers, directors, employees,
attorneys and agents from and against any and all liability, loss or
damage of any kind, including, without limitation, reasonable attorneys’
fees and costs, that any of them may incur in connection with or
related to any credit investigation or exchange of credit information
authorized herein.
You agree to pay FASTSIGNS® all sales or
other taxes imposed on the sale of our goods or services unless you have
provided a tax-exempt certificate that is acceptable to us.
If a
check you have provided to us is returned for Non-Sufficient Funds, we
will assess and you agree to pay a $50 fee. If your account has a
past-due balance, FASTSIGNS® may assess and you agree to pay a finance
charge of 1.5% per month or the maximum amount otherwise permitted by
law. You agree to pay all FASTSIGNS®’ reasonable attorneys’ fees and all
collection agency fees incurred in the collection of any amount you owe
pursuant to this agreement and have not paid when due.
E. Shipping/Delivery
Your
signage will be produced at one of our FASTSIGNS® centers or selected
vendors. Orders are shipped FOB from their point of manufacture.
If
a shipment containing your signage is refused by you or your agent,
FASTSIGNS® will, if possible, and at your request, return the shipment
to you at your expense. If you refuse to accept any shipment, you are
responsible for and will reimburse FASTSIGNS® for all costs and fees of
any type connected with the shipment and legal disposal of the shipment.
FASTSIGNS® DOES NOT GUARANTEE THE SHIPMENT AND DELIVERY
SERVICES OFFERED ON THIS SITE. IN PARTICULAR, FASTSIGNS® DOES NOT
GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE SIGNAGE.
7-B. TERMS AND PROCEDURES FOR ORDERING SIGNAGE FROM INDIVIDUAL FASTSIGNS® CENTER (“Center”)
A. Placing Your Order
By placing this order you have selected the FASTSIGNS® center that you wish to have produce your signage.
B. Order Changes
Center
will make every effort, upon your request, to change your order. If the
order has not yet started the production process, no additional change
fees will be applied. In the case of changes, the setup fees may vary
from the original quote depending on your requirements.
If the
order has reached the pre-production set up phase, there may be change
charges that apply. If an item has begun production, Center cannot stop
or change the order.
C. Order Cancellations
You
cannot cancel an order (or part of an order) if any of the items in the
order have reached the pre-production set up phase. Therefore, you
should thoroughly review these terms and conditions before you place an
order.
D. Payment
FASTSIGNS®’
standard payment terms are cash in advance or prepayment by Visa or
MasterCard credit card. Businesses with gross revenues in excess of $1
million dollars in the past fiscal year or that have received trade or
other business credit may be eligible for trade credit from Center. You
hereby authorize Center to perform or obtain a credit investigation
based on your order profile and to receive and exchange credit
information on you. You understand and agree that the findings of this
investigation may result in denial of a line of credit or credit
account, and Center may then require you to make a deposit, a
prepayment, or provide other security, or even terminate our
relationship regardless of activity status. If you meet our minimum
credit standards, your Account Representative will inform you regarding
the amount of your initial credit line. Customers with a credit account
will be invoiced when the last item in your order is shipped. All
payments subject to trade credit are due and payable in full thirty (30)
days from the date of invoice.
If you have or CENTER
subsequently establishes a trade credit account for you, Center may
suspend or revoke your credit line under any one or more of the
following conditions:
• If your account is over thirty (30) days past due;
• If a check is returned for Non-Sufficient Funds;
• In the event that any of your debt is turned over to a third party for collection;
• If the combined amount of multiple orders exceed your approved credit limit; or
• At the sole discretion of Center.
You
agree to indemnify and hold harmless Cener, FII and their respective
affiliates, officers, directors, employees, attorneys and agents from
and against any and all liability, loss or damage of any kind,
including, without limitation, reasonable attorneys’ fees and costs,
that any of them may incur in connection with or related to any credit
investigation or exchange of credit information authorized herein.
You
agree to pay Center all sales or other taxes imposed on the sale of our
goods or services unless you have provided a tax-exempt certificate
that is acceptable to Center.
If a check you have provided to
Center is returned for Non-Sufficient Funds, Center may assess and you
agree to pay a $50 fee. If your account has a past-due balance, Center
may assess and you agree to pay a finance charge of 1.5% per month or
the maximum amount otherwise permitted by law. You agree to pay all
Center’ reasonable attorneys’ fees and all collection agency fees
incurred in the collection of any amount you owe pursuant to this
agreement and have not paid when due.
E. Shipping/Delivery
If
a shipment containing your signage is refused by you or your agent,
Center will, if possible, and at your request, return the shipment to
you at your expense. If you refuse to accept any shipment, you are
responsible for and will reimburse Center for all costs and fees of any
type connected with the shipment and legal disposal of the shipment.
CENTER
DOES NOT GUARANTEE THE SHIPMENT AND DELIVERY SERVICES OFFERED ON THIS
SITE. IN PARTICULAR, CENTER DOES NOT GUARANTEE THE TIMELY DELIVERY OF
TIME-SENSITIVE SIGNAGE.
8-A. CLAIMS PROCEDURE FOR DELIVERY ISSUES AND FOR DEFECTIVE MERCHANDISE
All
claims, whether they regard signage or shipping services, should be
resolved by contacting the FASTSIGNS® center where the signage was
produced. DO NOT CONTACT THE SHIPPER TO RESOLVE ANY CLAIMS REGARDING
SHIPPING SERVICES. Failure to contact FASTSIGNS® directly will cause a
delay in the processing of any claim regarding shipping services, which
could cause you to lose the ability to receive compensation for loss
involving shipping or signage services as provided in these terms and
conditions. In the event merchandise is lost or damaged in shipment,
FASTSIGNS® may file a claim relating to that damage for reimbursement
with the carrier.
When you receive any shipment of signage you
ordered from the web site, you should open the package immediately and
inspect the contents so that the time period in which to make a claim
does not expire. If damaged, the shipment should be refused or damage
noted on the bill of lading.
In the case of signage that is lost
or damaged in shipment or signage that is defective, FASTSIGNS®’ sole
responsibility to you will be, at its option, either (1) to reproduce
the signage you ordered and to ship such replacement signage to you
without cost, or (2) to refund or credit the charges you actually paid
for your signage (including shipping charges, if applicable). We will
send any refund to the billing address on your account.
To
submit a claim regarding damaged or defective signage, you must notify
us within fifteen (15) days after the earlier of (i) the date of invoice
or (ii) the date of receipt of the shipment (or the date you picked up
the signage from a FASTSIGNS® center location). In the case of a claim
concerning any damaged or defective signage, you must return the signage
to the FASTSIGNS® center where the product was produced.
For
all other claims, including claims arising out of any non-delivery,
mis-delivery or late delivery, you must notify FASTSIGNS® within thirty
(30) days of the estimated shipment date.
In the case of any
claim concerning any non-delivery, mis-delivery, late delivery, damaged
shipment or other shipping-related claim, you must retain all original
shipping containers, packaging and contents and make the foregoing
available for inspection.
FASTSIGNS® is not obligated to respond
to your claim or to provide any credit or refund if: (1) you have not
paid for the signage or the shipping costs; (2) your request is not
received within the time limits stated above; (3) your claim is barred
by circumstances enumerated in Section 11 “Limitation of Liability”
below. A refund or credit will not be given for shipments delayed due to
incorrect addresses or ZIP codes or the unavailability or refusal of a
person to accept delivery or sign for the package. In addition, for
shipments to and from international destinations, no refund or credit
will be given if failure to deliver is the result of tax authority or
customs or other regulatory delays.
Only one refund or credit is
permitted per package. In the case of multiple shipments, this return
policy will apply to every package in the shipment. If a service failure
occurs for any package within the shipment, a refund or credit will be
given only for the portion of the transportation charges applicable to
that package.
8-B. CLAIMS PROCEDURE FOR DELIVERY ISSUES AND FOR DEFECTIVE MERCHANDISE FROM A FASTSIGNS CENTER
All
claims, whether they regard signage or shipping services, should be
resolved by contacting the CENTER where the signage was produced. DO NOT
CONTACT THE SHIPPER TO RESOLVE ANY CLAIMS REGARDING SHIPPING SERVICES.
Failure to contact Center directly will cause a delay in the processing
of any claim regarding shipping services, which could cause you to lose
the ability to receive compensation for loss involving shipping or
signage services as provided in these terms and conditions. In the event
merchandise is lost or damaged in shipment, Center may file a claim
relating to that damage for reimbursement with the carrier.
When
you receive any shipment of signage you ordered from the web site, you
should open the package immediately and inspect the contents so that the
time period in which to make a claim does not expire. If damaged, the
shipment should be refused or damage noted on the bill of lading.
In
the case of signage that is lost or damaged in shipment or signage that
is defective, Centers’ sole responsibility to you will be, at its
option, either (1) to reproduce the signage you ordered and to ship such
replacement signage to you without cost, or (2) to refund or credit the
charges you actually paid for your signage (including shipping charges,
if applicable). Center will send any refund to the billing address on
your account.
To submit a claim regarding damaged or defective
signage, you must notify us within fifteen (15) days after the earlier
of (i) the date of invoice or (ii) the date of receipt of the shipment
(or the date you picked up the signage). In the case of a claim
concerning any damaged or defective signage, you must return the signage
to the Center where the product was produced.
For all other
claims, including claims arising out of any non-delivery, mis-delivery
or late delivery, you must notify Center within thirty (30) days of the
estimated shipment date.
In the case of any claim concerning any
non-delivery, mis-delivery, late delivery, damaged shipment or other
shipping-related claim, you must retain all original shipping
containers, packaging and contents and make the foregoing available for
inspection.
Center is not obligated to respond to your claim or
to provide any credit or refund if: (1) you have not paid for the
signage or the shipping costs; (2) your request is not received within
the time limits stated above; (3) your claim is barred by circumstances
enumerated in Section 11 “Limitation of Liability” below. A refund or
credit will not be given for shipments delayed due to incorrect
addresses or ZIP codes or the unavailability or refusal of a person to
accept delivery or sign for the package. In addition, for shipments to
and from international destinations, no refund or credit will be given
if failure to deliver is the result of tax authority or customs or other
regulatory delays.
Only one refund or credit is permitted per
package. In the case of multiple shipments, this return policy will
apply to every package in the shipment. If a service failure occurs for
any package within the shipment, a refund or credit will be given only
for the portion of the transportation charges applicable to that
package.
All other terms and conditions apply to ordering signage.
9. INDEMNIFICATION
You
agree that you will defend, indemnify, and hold harmless NAC, FII, the
franchisees of FII and their respective affiliates, subsidiaries,
officers, directors, employees, attorneys and agents (hereinafter the
“FASTSIGNS® Parties”) from any and all damages, liabilities, losses,
costs and expenses (including reasonable attorney’s fees) incurred in
connection with any claim, action or assertion brought against any of
them by you or any third party arising out of or resulting from: (1) any
injury to person or property caused by any signage you order on the web
site; (2) any material you supplied which infringes the intellectual
property or other proprietary rights of a third party; or (3) your use
of this web site in violation of these terms and conditions or in
violation of any law.
10. DISCLAIMER
THE
INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN OR PROVIDED
THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. USE
OF THIS WEB SITE AND THE INFORMATION, CONTENT, SERVICES AND MATERIALS
PROVIDED ON OR THROUGH THIS WEB SITE IS AT THE USER’S SOLE RISK.
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, FASTSIGNS® DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
USE, INFORMATION, CONTENT, SERVICE AND MATERIALS, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND
IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE.
ADDITIONALLY, FASTSIGNS® DOES NOT REPRESENT OR
WARRANT THAT ANY PART OF THIS WEB SITE WILL OPERATE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE
SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS OR THAT THEY ARE IMMUNE FROM HACKING OR OTHER FORMS
OF ATTACK. FASTSIGNS® DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ON THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
This web
site may contain links to sites that are owned, operated and maintained
by third parties, which are provided as a convenience to you. These
linked sites are not under the control of FASTSIGNS®, and FASTSIGNS® is
not responsible for the accuracy of the content on such sites, or the
privacy practices of such sites. FASTSIGNS® does not monitor nor review
the content of such sites, and you expressly understand that your access
by link to such sites is at your own risk.
11. LIMITATION OF LIABILITY
TO
THE GREATEST EXTENT PERMITTED BY LAW, NEITHER THE FASTSIGNS® PARTIES
NOR ANY OF THEIR SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE TO ANY
PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT,
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT
DAMAGES THAT RESULT FROM:
(A) YOUR USE OF OR INABILITY TO USE THIS WEB SITE,
(B) ANY CONTENT ON THIS WEB SITE, OR
(C)
EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8 ABOVE REGARDING DAMAGED
OR DEFECTIVE SIGNAGE, ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEB
SITE,
EVEN IF YOU HAVE ADVISED ANY OF THEM OF THE POSSIBILITY OF SUCH DAMAGE.
IN
THE EVENT THAT THE TERMS OF THIS SECTION (OR ANY PART OF THIS SECTION)
SHALL BE HELD INVALID OR UNENFORCABLE BY A COURT OF COMPETENT
JURISDICTION, THE TOTAL LIABILITY OF THE FASTSIGNS® PARTIES TO YOU (OR
ANYONE CLAIMING BY OR THROUGH YOU) FOR ANY DAMAGES OR LOSSES WHETHER IN
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT
PAID TO FASTSIGNS® FOR SUBJECT SIGNAGE PRODUCTS PLUS SHIPMENT FEES, IF
ANY.
In no event will FASTSIGNS® or its affiliates,
subsidiaries, suppliers or service providers be liable for, nor make any
adjustment, refund or credit of any kind for, any loss, corruption,
delay, inclusion, omission, shipment, mis-delivery, nondelivery,
misinformation, other direct or indirect damages or failure to provide
signage or shipping services (any of the foregoing “Service Failure”) to
the extent caused by or resulting from:
• Your acts, defaults or omissions, (including failure to submit the latest approved version of art on a timely basis);
• Your violation of any of the terms and conditions contained in these terms and conditions, as amended from time to time;
•
Viruses, worms, Trojan horses and other forms of harmful code that are
not detected or removed using FASTSIGNS® standard virus-detecting
procedures;
• Criminal acts, public authorities acting with actual
or apparent authority, authority of law, local disputes, civil
commotions, war, civil disorders, acts of terrorism, national or local
disruptions in electronic and transportation networks, failures of
Internet service providers, weather phenomena, strikes, natural
disasters, and disruption or failure of communication and information
systems;
• Loss, corruption or irretrievability of, or damage to,
your personal information, user-provided materials or information
regarding the signage used or stored by FASTSIGNS®;
• Acts, defaults
or omissions of any person or entity other than FASTSIGNS®, including
our compliance with verbal or written instructions from the sender,
recipient or persons claiming to represent the shipper or recipient;
• Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
•
Our failure to notify you of any delay, loss or damage in connection
with your signage product or shipment or any inaccuracy in such notice;
• Our release of shipments without obtaining a signature if a signature release is on file;
• Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
12. TERMINATION
In
the event that FASTSIGNS® learns of, or has reasonable grounds to
suspect, that your registration information is inaccurate, or that
activity in violation of these terms and conditions has occurred, we may
suspend or terminate your access to your account or the Service by
refusing to authorize its future use. In addition, FASTSIGNS® reserves
the right to discontinue this web site or to cease offering the Services
at any time without reason or advance notice to you.
13. APPLICABLE LAW
This
site is created and maintained by NAC located in Carrollton, Texas,
USA. As such, the laws of the State of Texas will govern your use of
this web site, your use of the Services, and these Terms and Conditions
of Use, without giving effect to any principles of conflicts of law. Any
litigation concerning these terms and conditions or other uses of this
web site shall be brought in Dallas County, Texas, and you consent to
the exercise of personal jurisdiction over you by such courts. You agree
and hereby submit to the exclusive jurisdiction and venue of the
appropriate state or federal court located in Dallas County, Texas and
you waive the right to object on the grounds of inconvenient forum.
These terms and conditions are not intended to be subject to the United
Nations Convention of Contracts for the International Sale of Goods, the
application of which is expressly excluded.
14. NO OTHER AGREEMENT/SEVERABILITY
These
terms and conditions constitute the entire agreement of the parties,
and supersede any prior agreements. All provisions of these Terms and
Conditions of Use are severable. These Terms and Conditions of use shall
be interpreted and enforced as if all completely invalid or
unenforceable provision were not contained in these Terms and Conditions
of Use. Partially valid or enforceable provisions shall be enforced to
the extent that they are valid and enforceable.
15. WAIVER
The
failure of FASTSIGNS® to insist upon the performance of any of the
terms or conditions of this contract or to exercise any right hereunder
shall not be deemed to be a waiver of such terms, conditions or rights
in the future, not shall it be deemed to be a waiver of any other term,
condition, or right under these terms and conditions.
16. CONTRACT ELECTRONICALLY
You
agree that the all terms and conditions related to the web site,
combined with your act of using the web site and/or the Services have
the same legal force and effect as a written contract with your written
signature and satisfy any laws that require a writing or signature,
including any applicable Statute of Frauds. You further agree that you
shall not challenge the validity, enforceability or admissibility of the
terms and conditions on the grounds that it was electronically
transmitted or authorized. In addition, you acknowledge that you have
had the opportunity to print the terms and conditions. A printed version
of these terms and conditions and any notice given in electronic form
will be admissible in any judicial or administrative proceedings to the
same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
17. CONTACTING THE WEBSITE
If
you have any questions about this web site, the practices of this web
site, or your dealings with this web site, you can contact:
Website Administrator
FASTSIGNS International, Inc.
2542 Highlander Way
Carrollton, Texas 75006
1-800-827-7451
web.admin@fastsigns.com