is a web-only service and is subject to these Terms and Conditions.
completing any online or offline purchase transaction and/or by initiating
a conversation or transaction in person, via phone, email or fax, you
are considered a "Client", and as a Client, you agree to be
legally bound by these Terms and Conditions, including any terms and
conditions incorporated by reference including custom terms per Client
request that may be expressly communicated in person or via phone, email
read these terms carefully. If you do not accept these Terms and Conditions
stated here without modification, you may not initiate a transaction
with 99 Dollar Logos, and may not use our online shopping features
and/or initiate any transactions through our Website. For custom terms
please contact us directly via the email referenced on the Contact page
of our Website. We will work with you to create mutually-acceptable
reserve full rights to revise these Terms and Conditions at any time
by updating this posting. The Client/visitor/user is ultimately responsible
for referring to this site's Terms and Conditions and Privacy Statement.
We do not send email updates for changes to our Terms and Conditions
or Privacy Statement. If you are a regular visitor to this site, we
suggest you bookmark this page and/or refer to it at least every 60
days and that you refer to it prior to initiating any transactions.
The current Terms and Conditions are binding regardless of the Terms
and Conditions that were in force for prior transactions you may have
executed in the past.
these Terms and Conditions, the website www.99 Dollar Logos.com and
all services inherent in it, including but not limited to all text,
images, photographs, web pages, design, data and all other content and
layout are referred to as the "Website" or the "Service".
(a) Description. The 99 Dollar Logos Service is an online service
where individuals or entities can initiate service transactions. Clients
will be provided the Service according to the Packages chosen by Client
as detailed in Section 1(f). Worked performed on behalf of the Client
will be created iteratively through a cycle of proofs ultimately resulting
in a final output conforming to Client's various instructions and subject
to the 99 Dollar Logos approval process.
(b) Client Requirements. Each Client is solely responsible for providing
detailed requirements for each of its transactions. 99 Dollar Logos is under no obligation to review/critique a transaction request
for any purpose (other than to execute the transaction), including accuracy,
completeness of information, quality or clarity. 99 Dollar Logos
will execute the deliverables for the transaction to the best of our
(c) Timeliness. When 99 Dollar Logos provides a proof or deliverable
to a Client, the Client shall review the proof or deliverable in a timely
manner. If a Client fails to promptly inform 99 Dollar Logos
that the proof or deliverable is not reasonably representative of the
documented requirements for the transaction, the Client will be deemed
to have accepted the proof or deliverable. If a Client notifies 99 Dollar Logos that the Client thinks a proof or deliverable is not
reasonably responsive to the documented requirements, the Client shall
submit in writing information regarding amendments or modification to
(d) Responses. 99 Dollar Logos is not responsible for the content
of Responses developed to the extent that such responses are based in
conformity with Client's specifications. The Client will release from
liability and hold harmless 99 Dollar Logos for providing responses
that conform to the Client specifications.
(e) Iterations. Revision cycles generally consist of additional compositions
and/or modifications that incorporate changes requested by the Client
in the iterative proofing process. The purpose of the process is to
create new proofs that more closely fit the direction as determined
by the client. The client may request significant changes in the 1st
iteration, and the revisions might be quite different in nature from
the original composition chosen. By the 2nd revision request, Client's
requests shall be modifications of the current composition only. Revisions
that depart from the current composition will be honored and completed
in the same timely manner, however; 99 Dollar Logos reserves
the right to charge $90 an hour in quarter hour increments for each
such iteration. No revision work, which requires payment, will be started
without authorization from Client.
(f) Client Accounts and Payment.
a. Payment. Clients initiating a transaction must pay for the Service
via the online shopping cart at the time the Service is initiated, or
via other payment method expressly authorized by 99 Dollar Logos
Client's will be charged for the offering(s) selected during the online
transaction process or via custom proposal. If the Client is paying
for the transaction via credit card, the Client is required to provide
a valid credit card number and the credit card billing address. The
client may also be required to set up a login ID and password, depending
on the Service chosen. 99 Dollar Logos or the Third-Pary provider
will email Client a receipt for the transactions in which Client is
b. Third-Party Services and Fees. Client may initiate a transaction
that requires the use of a Third-Party service. These Services will
be identified as such and must be paid in full before 99 Dollar Logos will secure the Third-Party Service. Some Third-Party Services
may incur a small handling fee. Third-Party Services are non-refundable
through 99 Dollar Logos This does not preclude the Client from
seeking a refund from the Third-Party service directly, however, 99 Dollar Logos in now way will be held responsible or liable for any
Third-Party fees or for the delivery of Services required of these Third-Parties.
If the Third-Party failed to perform to a fair and reasonable level,
99 Dollar Logos will make available to the Client any appropriate
documentation in the possession of 99 Dollar Logos that will
aid the Client in securing a full or partial refund.
c. Refunds. If Client is not satisfied with the initial proof or deliverable
provided by 99 Dollar Logos, the Client may request a refund
by submitting a refund request via email or fax according to the contact
information on the contact page of the website, such request to be received
within 3 business days/72 hours of the client's receipt of the proof/deliverable.
The refund request is to include the reason for the refund request in
sufficient detail for 99 Dollar Logos to determine if Services
were not rendered according to the Client requirements.
receipt of the completed refund request, and at its sole discretion,
99 Dollar Logos will refund the total payment made by Client,
less a fee equivalent to the credit card processing fee applied to the
Service, with a minimum of $30. 99 Dollar Logos will not refund
fees of Third-Parties, however, will make available to the Client any
appropriate documentation in the possession of 99 Dollar Logos
that will aid the Client in securing a refund.
the reason for the refund request is the failure of a Third-Party to
perform, and if 99 Dollar Logos has provided direct services,
99 Dollar Logos will, at its sole discretion, provide a refund
equal to the pro-rated amount of unfinished services delayed or cancelled
by the failure of the Third-Party to perform.
Client requests additional revisions for any of the initial proofs or
deliverables, Client shall forfeit the right to the refund as outlined
of such refund shall constitute Client's sole and exclusive remedy.
Client receive such refund, Client acknowledges that it will have no
right (express or implied) to use ANY proofs or deliverables or other
work product, content, or media, nor any ownership interest in or to
the same. 99 Dollar Logos will expressly retain all rights to
the deliverable with the exception of proprietary content such as words
and trademarks provided by the Client.
d. Timeline. Client agrees to provide timely responses to 99 Dollar Logos Unless other arrangements have been made in writing, such writing
to include correspondence, email and fax, Client shall have 3 business
days or 72 hours to respond to each set of proofs submitted to Client
for review. If after 5 days the Client has failed to so respond, 99 Dollar Logos will send a reminder email. If after 10 days the Client
has failed to respond, 99 Dollar Logos will assume the Service
complete and the Service shall be deemed to be complete. At such time,
99 Dollar Logos will have no further obligation to Client for
that Service, and, if not already paid, the Client shall pay 99 Dollar Logos all fees and expenses associated with the project.
(g) Packages. Client may select from a variety of Service packages as
outlined on the Website. These package offerings may change from time
to time at the sole discretion of 99 Dollar Logos It is the Client/visitor/user's
responsibility to download/print/ a copy of the Service outline for
the Service selected by the Client at the time of the transaction initiation,
and this shall be the governing outline regardless of what Services
may currently be offered via the Website. At all times, Services obtained
via the Website will be governed by these Terms and Conditions regardless
of what exact services/deliverables the Service includes.
2. Eligibility, Authorization, Prohibited Uses and Availability.
(a) Eligibility Requirements. To initiate a transaction with 99 Dollar Logos, you must be at least 18 years of age, and you must
on the Website at the time you initiate the Service. You may be required
to complete a registration procedure, depending on the Service selected.
By initiating a transaction with 99 Dollar Logos, the Client
represents and warrants that you meet these eligibility requirements,
that the information you include as part of the registration process
is complete and accurate and, if you are registering on behalf of an
entity, that you are authorized to bind that entity to these Terms and
Conditions. 99 Dollar Logos may accept or reject your registration
in its sole discretion.
Service is not directed to children under the age of 18. Services for
children under the age of 18 must be placed by their parent or guardian.
(b) Authorization to Use; Permitted Uses. You may access and use the
Service solely in accordance with these Terms and Conditions and any
posted policies and procedures that appear on the Website. Any use of
the Website is at your sole risk and responsibility. Subject to these
Terms and Conditions, you may (i) display the Website on an internet
access device, and (ii) on an occasional, infrequent and ad hoc basis,
and only in circumstances that constitute "fair use" under
United States copyright law, print copies of insubstantial portions
of the Website. Except as expressly authorized by the foregoing sentence
and as otherwise permitted herein, you may not display or print the
Website and in no event may you broadcast, circulate, distribute, download,
perform, publish, rent, reproduce, sell, store, transmit or create creative
and/or intellectual property works from the Website. To do so may constitute
copyright, trademark, or intellectual property infringement, and may
be prosecuted to the full extent of the law. Creative works displayed
on this Website remain the property of their respective owners and are
posted with permission. This permission is not transferable to any Client
(c) Prohibited Uses. You are required to comply with all applicable
laws (including, without limitation, any applicable export controls)
in connection with your use of the Service, and such further limitations
as may be set forth in any written or on-screen notice from 99 Dollar Logos.
limiting the foregoing, you agree not to transmit, distribute, post,
communicate or store information or other material on, to or through
the Website that (i) is copyrighted, unless you are the copyright owner;
(ii) reveals trade secrets, unless you own them; (iii) infringes on
any other intellectual property rights of others or on the privacy or
publicity rights of others; (iv) is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to any other person or
entity; (v) is sexually-explicit; (vi) constitutes advertisements or
solicitations of business, chain letters or pyramid schemes; or (vii)
contains viruses, Trojan horses, worms, time bombs, or other computer
programming routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or information.
further agree not to (i) use any incomplete, false or inaccurate biographical
information or other information for purposes of registering as a Client;
(ii) delete or revise any material or other information of any other
user or 99 Dollar Logos; (iii) take any action that imposes an
unreasonable or disproportionately large load on the Website's infrastructure;
(iv) use any device, software or routine to interfere or attempt to
interfere with the proper working of this Service or any activity being
conducted on this site; (v) use or attempt to use any engine, software,
tool, agent or other device or mechanism(including without limitation
browsers, spiders, robots, avatar's or intelligent agents) to navigate
or search this Website other than the search engine and search agents
available from 99 Dollar Logos on this Website and other than
generally available third party web browsers (e.g., Netscape Navigator
and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in
any way making up a part of the Website.
are prohibited from violating or attempting to violate the security
of the Website, including, without limitation, (i) accessing data not
intended for you or logging into a server or account that you are not
authorized to access; (ii) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures
without proper authorization; (iii) attempting to interfere with service
to any user, host or network, including, without limitation, by way
of submitting a virus to, or overloading, "flooding", "spamming",
"mailbombing" or "crashing", the Website; (iv) sending
unsolicited e-mail, including promotions and/or advertising of products
or services; or (v) forging any TCP/IP packet header or any part of
the header information in any e-mail or posting. Violations of system
or network security may result in civil or criminal liability.
99 Dollar Logos will investigate occurrences that may involve such violations
and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. 99 Dollar Logos reserves the right to review postings on the Website, to remove
any postings, and to terminate your ability to communicate with, or
post to, the Website at any time without notice, in its sole discretion.
99 Dollar Logos will take commercially reasonable efforts not
to disclose any information you communicate with, or post to, the Website
but reserves the right to disclose such information to the extent necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part.
(d) Operation of Website. 99 Dollar Logos shall not be responsible
for any delays or interruptions of, or errors or omissions contained
in, the Website. 99 Dollar Logos reserves the right, but shall
not be required, to correct any delays, interruptions, errors or omissions.
Although 99 Dollar Logos intends to use commercially reasonable
efforts to make the Website and Service accessible, 99 Dollar Logos makes no representation, warranty or covenant that the Website
or Service will be available at all times or at any time. Various circumstances
may prevent or delay availability. 99 Dollar Logos may at any
time discontinue the Website in whole or in part, may change or eliminate
any transmission method, and may change transmission speeds or other
signal characteristics. 99 Dollar Logos shall not be responsible
for any loss, cost, damage or liability that may result.
Electronic Communication. 99 Dollar Logos shall not be responsible
for any delays or interruptions of its Third-Party hosting service,
its Internet Service Provider, the Internet backbone or portions thereof,
or its POP3 email provider. Although 99 Dollar Logos intends
to use commercially reasonable efforts to remain accessible at all times,
99 Dollar Logos makes no representation, warranty or covenant
that the Service will be available at all times or at any time. Various
circumstances may prevent or delay availability including but not limited
to the failure of a Third-Party infrastructure provider, or the Internet
99 Dollar Logos may at any time discontinue the Website in whole or
in part, may change or eliminate any transmission method, and may change
transmission speeds or other characteristics. 99 Dollar Logos
shall not be responsible for any loss, cost, damage or liability that
Force Majure. 99 Dollar Logos shall not be responsible for any
delays or interruptions of any Service that is directly or indirectly
affected by an Act of God, Force Majure or geographical, political or
infrastructure failure. Reasonable attempts will be made at all times
to provide the Service, however, 99 Dollar Logos makes no representation,
warranty or covenant that the Service will be available at all times
or at any time. We will make every attempt to offer for refund any transactions
placed immediately prior to a Force Majure where the Force Majure impacts
our ability to deliver the Service in a reasonable time frame or quality.
3. Responsibility for Content; Other Representations, Warranties and
(a) Company. 99 Dollar Logos shall not be responsible for any
use that is or is not made of the Website or the Service. Without limiting
the foregoing, 99 Dollar Logos makes no representations, warranties
or covenants regarding, and does not guarantee, the truthfulness, accuracy,
or reliability of any information or other material (including, without
limitation, any correspondence or communication (as defined below))
that are communicated through, or posted to, the Service, whether by
Members, Clients, 99 Dollar Logos or otherwise, nor does 99 Dollar Logos endorse any opinions expressed by any user of the Website,
including any Member or Client. Without limiting the foregoing, 99 Dollar Logos makes no representations, warranties or covenants regarding
the validity of the rights to Responses granted pursuant to this Agreement.
acknowledge that any reliance on information or other material, including,
without limitation, any Service, job, deliverable or proof, communicated
through the Service, or posted to the Website will be at your own risk.
Without limiting the foregoing, each Client agrees and acknowledges
that it uses each Service, job, deliverable or proof at its own risk
and that it is responsible for taking any actions it deems reasonable
to determine whether its use of such will infringe any third party property,
privacy or publicity rights including, but not limited to, trademarks,
copyrights and intellectual property rights.
Confidentiality. 99 Dollar Logos recognizes that it may be required
to access to information which is confidential or of a proprietary nature
to Client. 99 Dollar Logos agress that all such confidential
or proprietary information disclosed by Client to 99 Dollar Logos shall remain strictly confidential and 99 Dollar Logos shall
not use or disclose to others such confidential information without
Client's prior written consent. "Confidential Information"
shall mean all technical or business information of a proprietary nature
wheterh patentable, copyrightable, or otherwise, that is reasonably
deemed confidential by Client. Client shall mark any confidential information
as "Confidential" in a conspicuous place to be deemed confidential.
A conspicuous place is preferably on the front page of any documents
or schematics and any following pages. Nothing in this agreement obligates
99 Dollar Logos to divulge to Client any information which 99 Dollar Logos has previously undertaken an obligation of confidence
for the benefit of any party other than Client.
Representations. Nothing in this agreement and nothing in 99 Dollar Logos's statements to Client can or shall be construed as a promise or
guarantee about the successful outcome of the consulting or creative
servicesto be provided in the Service. Client acknowledges and agrees
that the accomplishment of the goals established for this engagement
will require each party to fully cooperate with the other party to fulfill
its role and perform its obligations in a timely manner with personnel
qualified to perform the tasks assigned and to coordinate its efforts
with the efforts of the other party, and that all Services provided
will the the result of the parties' joint input and efforts. Accordingly,
Client has the right and also the responsibilty to make decisions with
respect to such services and their implementation with respect to its
business, and 99 Dollar Logos makes no representation or warranty
with respect thereto.
Tertiary Deliverables. While 99 Dollar Logos may provide from
time to time certain hardware, software or other items to Client, 99 Dollar Logos is primarily providing services under this agreement,
and the provision of such other items is an indicidental part of such
services. 99 Dollar Logos makes no representations or warranties,
statutory or implied, to Client or any other person with respect to
such services or items to be provided by 99 Dollar Logos pursuan
to this agreement, including wihtout limitations any warranteies regarding
ownership, merchantability, suitability, capacity, originality, fitness
for a particular or other purpose (irrespective of any previous course
of dealing between the parties or custom or usage of trade) or results
be derived from the use of services.
4. Ownership; Rights to Use.
(a) Website and Service. Except as expressly contemplated under this
Agreement, as between 99 Dollar Logos and you/the Client, 99 Dollar Logos will own all rights, title and interest in and to all
copyright, trademark, service mark, patent, trade secret or other intellectual
property and proprietary rights in and to the Website and Service, in
all media now known or later devised, to the full extent provided under
United States and international law.
shall not remove, conceal or alter any copyright notice, byline information,
disclaimer, restriction or other notice on the Website or any portion
thereof. You shall not use or permit any third party to use the name,
trademarks, trade names, or trade dress of 99 Dollar Logos, including
"99 Dollar Logos", without the prior written consent
of 99 Dollar Logos in its sole discretion for each such use.
To do so will constitute infringement which at our sole discretion will
be prosecuted to the full extent of the law.
(b) Proofs and Deliverables. Upon submission of your customer requirements
or any other information or media provided by Client in connection with
Client's use of the Service (collectively, the "Client Information"),
99 Dollar Logos and its agents shall have all rights and licenses
necessary to use such Client Information for purposes of creating proofs
and deliverables as well as for archival purposes.
(c) Rights of 99 Dollar Logos. Upon Client's initiation of a
Service and subsequent submission of Client Information, Client grants
99 Dollar Logos and its agents a royalty-free, perpetual, irrevocable,
sublicenseable, exclusive, worldwide right (including any moral rights)
and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform
and display (in whole or in part), and/or incorporate in other works,
in any form, media, or technology now known or later developed, such
Client Information, for the full term of any intellectual property rights
that may exist in such Client Information to the extent necessary to
provide Client with the Service and Responses.
(d) Rights of Clients. Subject to Client's compliance with the terms
and conditions of this Agreement, Client shall own final approved deliverable(s)
provided to Client by 99 Dollar Logos hereunder. Client shall
not, however, own any materials, media or other content generated during
any revision cycles leading up to the final composition, with such right,
title and interest expressly reserved to 99 Dollar Logos.
acknowledges and hereby grants to 99 Dollar Logos the right to
use Client Information, as well as individual Responses provided to
Client, for internal and archival purposes, and in order to display
and promote the 99 Dollar Logos Service. Client acknowledges
that its rights under this Agreement shall be limited solely to the
final approved deliverable(s), and that no trade or service marks in
or to such final deliverable (s) are being conveyed under this Agreement.
Client further acknowledges that 99 Dollar Logos shall have no
obligation or duty to perform trade or service mark searches or inquiries,
or the like, in order validate the propriety or legality of the proofs
and/or deliverables. Accordingly, Client is encouraged to perform its
own independent searches with regard to the proofs and/or deliverables,
or to contact 99 Dollar Logos to secure additional and optional
intellectual property service. Furthermore, Client acknowledges that
99 Dollar Logos shall have no responsibility or obligation of
any kind to assist Client in seeking state or federal intellectual property
protection (i.e., without limitation, trademark registration), nor shall
99 Dollar Logos be responsible in otherwise assisting Client
in any way in Client's perfection of Client's rights.
5. Registration, Password, User Identity.
(a) Your User Identity. When you register as a Client, you may or may
not be required to create a user identity (your "User Identity"),
which will be your identity for purposes of interacting with other users
through the Website. You are responsible for ensuring that you are comfortable
submitting your personal information. For more information on how your
personal information may be used, please refer to our Privacy Statement.
(b) Security Breaches and Revision. If any unauthorized person obtains
access to the Website as a result of any act or omission by you, you
shall use your best efforts to ascertain the source and manner of acquisition
and shall fully and promptly brief 99 Dollar Logos. You shall
otherwise cooperate and assist in any investigation relating to any
such unauthorized access.
6. Nondisclosure and Privacy.
(a) Privacy. 99 Dollar Logos intends to use commercially reasonable
changed from time to time at 99 Dollar Logos's sole discretion.
Notwithstanding the foregoing, 99 Dollar Logos cannot and does
not assume any responsibility or liability for any information submitted
to the Website or for the use or misuse of any information submitted
by you or any other person, including, without limitation, any information
accessed by a hacker or by any other malicious act.
7. Disclaimers; Limitations of Liability.
(a) Generally: Release from Claims. The Service serves solely as a venue
for the creation of work and 99 Dollar Logos does not screen
or censor any information or material posted to the Website. Although
99 Dollar Logos makes commercially reasonable efforts to determine
the identity of Clients, 99 Dollar Logos cannot and does not
confirm that any Client or other user is who they claim to be or that
any Client or other user has the qualifications he or she claims to
99 Dollar Logos does not and cannot be involved in user-to-user
dealings or control the behavior of participants on the Website, if
you have a dispute with one or more users, you release 99 Dollar Logos (and our affiliates, agents and employees) from claims, demands
and damages (actual and consequential, direct and indirect) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such disputes.
If you are a resident of a state with an express civil code ( such as
California Civil Code section 1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if
known by him must have materially affected his settlement with the debtor."
) you hereby waive those rights by initiating an order with 99 Dollar Logos.
(b) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED
"AS IS." 99 Dollar Logos MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING
IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE
OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY
THROUGH THE WEBSITE, INCLUDING ANY PROOF, DELIVERABLE, "JOB",
CUSTOM TERM SHEET, USER IDENTITY OR LINKED CONTENT. 99 Dollar Logos DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH
REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, 99 Dollar Logos DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED
BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY
INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING
TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY
PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY
OF THE WEBSITE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE,
NONPERFORMANCE, OR OTHER ACTS OROMISSIONS BY 99 Dollar Logos
OR ANY THIRD-PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF
ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET
YOUR NEEDS OR REQUIREMENTS OR THENEEDS OR REQUIREMENTS OF ANY OTHER
Limitation of Remedy. NEITHER 99 Dollar Logos NOR ANY THIRDPARTY
SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY,
DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEBSITE,
INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER
THESE TERMS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY,
OR ANY OTHER LAW.
Exclusion of Consequential Damages. IN NO EVENT SHALL THE COMPANY OR
ANY THIRD-PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING
UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF,
OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA,
BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM
INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE
USE OF THESERVICE) EVEN IF 99 Dollar Logos OR ANY THIRD-PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Hold Harmless: Upon a request by 99 Dollar Logos, you agree to
defend, indemnify and hold harmless 99 Dollar Logos and its subsidiaries,
affiliates, officers, agents, co-branders or other partners and employees
from all liabilities to, claims of any third party due to or arising
out of your violation of any of these Terms and Conditions or your use
of the Website, and any expenses, including, without limitation, reasonable
attorneys fees, incurred in connection therewith.
9. Links to Third-Party Services.
Linked Content: The Website may contain links to third party web sites
or other services (the "Linked Content"). The Linked Content
is not under the control of 99 Dollar Logos and 99 Dollar Logos is not responsible for the Linked Content, including, without limitation,
links contained in the Linked Content, or any changes or updates to
Linked Content. 99 Dollar Logos is providing Linked Content to
you only as a convenience, and the inclusion of such Linked Content
is not an endorsement by 99 Dollar Logos of such Linked Content.
If you decide to access any Linked Content, you do so at your own risk.
a) Termination: 99 Dollar Logos reserves the right, in its sole
discretion, to terminate Client's access to all or a portion of the
Service, at any time, with or without notice. In the event of such termination,
99 Dollar Logos will work with Client to determine the amount
of any refund (if any) to be paid to Client as a result of such termination.
Should Client's use of the Service result from Client's material breach
of the terms and conditions of this Agreement, or any other agreement
to which 99 Dollar Logos and Client are a party, Client shall
not be entitled to any refund, unless otherwise mutually agreed upon
by the parties.
a) These Terms and Conditions set forth the entire agreement and understanding
of the parties with respect to the subject matter hereof and supersede
any and all prior oral or written agreements and understandings, and
any and all contemporaneous oral agreements and understandings (excluding
any associated agreements required by 99 Dollar Logos (e.g.,
between you and 99 Dollar Logos regarding the subject matter
of these Terms and Conditions. No modification, amendment, or waiver
of these Terms and Conditions or Use or any part of them shall be binding
unless evidenced in writing and signed by 99 Dollar Logos.
any provision of these Terms and Conditions is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, then such provision
shall be deemed null and void, but the remaining provisions shall continue
in full force without being impaired or invalidated in any way. The
language of these Terms and Conditions shall be deemed to be the language
mutually chosen by the parties and no rule of strict construction shall
be applied against or in favor of either party hereto. The section headings
and other headings contained in these Terms shall not affect the meaning
or interpretation of these Terms and Conditions.
Terms and Conditions shall be governed by the substantive law of the
State of Florida, without reference to any choice of law rules that
would result in the application of the substantive law of any other
Arbitration: Except in the case of bankruptcy and the rights of either
party to file a proof of claim, all disputes arising in connection with
this agreement or any Service provided by 99 Dollar Logos shall
be resolved by arbitration in Naples or Ft. Myers, Florida in accordance
with the rules of the American Arbitration Association. The parties
mutually agree not to disclose the existence of any dispute or the terms
of any settlement to any things party (except to the extent necessary
to eah party's respective legal counsel.) Accordingly, the parties agree
and acknowledge that a violation or threatened violation of this nondisclosure
covenant will cause irreparable injury to the other party and that,
in additiobn to any other remedies that may be available, in law or
in quity or otherwise, the non-breaching party shall be entitled to
obtain injunctive releif agaist the threatened breach of this covenant
of the continuation of any such breach by the other party. In addition,
if a court determines that the Client has breached this agreement, the
Client shall pay the other a liquidated sum equal to one half of the
aggregate amound of fees having been paid to date to 99 Dollar Logos.
parties agree that any disputes arising out of or relating to these
Terms and Conditions shall be submitted to the courts having jurisdiction
may not assign or otherwise transfer (by operation of law or otherwise)
any of your rights or duties hereunder unless 99 Dollar Logos
agrees in writing after receiving prior written notice. Any attempted
assignment or other transfer without the requisite consent shall be
null and void ab initio.
99 Dollar Logos may assign or otherwise transfer any of its rights or
the performance of any of its duties. The waiver by 99 Dollar Logos of a breach or a violation of any provision of these Terms and
Conditions shall not operate as or be construed to be a waiver of any
subsequent breach or violation of any provision of these Terms and Conditions.
contact us for a large-print version of our Ts&Cs)