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Terms of Service/Terms of
Use/User Agreement
Limit of
TshirtSpot LLCs Responsibility:
TshirtSpot LLC will be
responsible for acting only on those instructions sent to TshirtSpot LLC
that actually are received and does not assume responsibility for
malfunctions in communications facilities not under its control that may
affect the accuracy or timeliness of any orders you send. TshirtSpot LLC
is not responsible for any losses or delays in transmission of orders
arising out of the use of any Internet Access Service Provider or caused
by any browser software or any computer virus or related problem that
may be attributable to services provided by any Internet Access Service
Provider. TshirtSpot LLC is not responsible should you give incorrect
instructions or if your credit-card payment is not processed by your
credit-card company.
The information and materials contained in this Site, including text,
graphics, links or other items, are provided "as is", "as available".
TshirtSpot LLC does not warrant the accuracy, adequacy or completeness
of the information and materials on the Site and expressly disclaims
liability for errors or omissions in this information and materials. No
warranty of any kind, implied, express or statutory, including but not
limited to the warranties of non-infringement of third party rights,
title, merchantability, fitness for a particular purpose or freedom from
computer virus, is given in conjunction with the information and
materials.
In
no event will TshirtSpot LLC be liable for any damages, including
without limitation, direct or indirect, special, incidental, or
consequential damages, losses or expenses arising in connection with
this site or use thereof or inability to use by any party, or in
connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer virus
or line or system failure, even if TshirtSpot LLC, or representatives
thereof, are advised of the possibility of such damages, losses or
expenses.
If you are
dissatisfied with any portion of this site, or with any of these terms
of service/user agreement and notices, your sole and exclusive remedy is
to discontinue using this site and its related services and products. If
you do not wish to be bound by these terms and conditions, you should
not submit or place an order or make any type of purchase; you should
exit all web sites related to TshirtSpot LLC.
Indemnity:
You agree to defend,
indemnify and hold TshirtSpot LLC and its officers, business partners,
staff and affiliates harmless from and against any and all liabilities,
claims, damages, costs and expenses, including reasonable attorneys'
fees and expenses, arising from or relating to your use of TshirtSpot
LLCs Site and its Products and Services, your violation of this
Agreement, or your violation of any rights of another.
Disclaimer of
Damages and Limitation of Liability:
In no event shall
TshirtSpot LLC be liable for any direct, indirect, special, punitive,
exemplary, consequential or other damages whatsoever, including but not
limited to property damage, loss of use, loss of business, economic
loss, loss of data, loss of profits, without regard to the form of
action (including but not limited to contract, negligence, or other
tortious actions) arising out of or in connection with your use or
access of the site or its contents or its products, even if TshirtSpot
LLC or its business partners, employees, officers, representatives, or
affiliates have been advised of the possibility of such damage or loss.
In no event shall
TshirtSpot LLCs total liability to you for all damages, losses, and
causes of actions, whether in contract, tort (including, but not limited
to, negligence), or otherwise exceed the amount paid by you, if any, or
one hundred dollars ($100) (whichever is less), for accessing or
participating in any activity or purchase related to TshirtSpot LLCs
site and products. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Should you, the User/Customer, request a refund
which is denied for a valid reason under these Terms of Service, and
should you, User/Customer, subsequently file a claim against TshirtSpot LLC and its
officers, business partners, staff or affiliates, TshirtSpot LLC shall be entitled to collect from you,
User/Customer, all costs (including attorneys fees) associated with
defending such a claim.
Governing Law:
This Agreement shall be governed by the laws of the State of Tennessee
and, where applicable, by federal law.
These Terms of Use shall be construed, interpreted and performed
exclusively according to the laws of the State of
Tennessee,
United States of America, without giving effect to any principles of
conflicts of law. You expressly agree that any action at law or in
equity arising out of or directly or indirectly relating to these Terms
of Use or this Site shall be filed only in the Federal or state courts
sitting in Tennessee, county of Coffee. You hereby consent and submit to
personal jurisdiction of such courts for the purposes of any action
related to the Site, your access or use thereof, or these Terms of Use,
and to extra-territorial service of process.
Should any part or provision of these Terms of Use be held unlawful,
void, invalid or unenforceable, that portion shall be deemed severable
from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.
These Terms of Use/User Agreement constitute the only terms between
TshirtSpot LLC and you. These Terms of Use/User Agreement supersede any
and all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, goods and/or
services provided by or through the Site, and the subject matter of
these Terms of Use. To the extent that anything in or associated with
the Site is in conflict or inconsistent with these Terms of Use, the
Terms of Use shall take precedence. TshirtSpot LLCs failure to enforce
any provision of these Terms of Use shall not be deemed a waiver of such
provision nor of its right to enforce such provision.
Returns Policy:
TshirtSpot LLC goes to great lengths to ensure that all orders are
completed accurately and on time and are of the highest quality.
Accordingly, TshirtSpot LLC accepts returns and will issue credit if and
when the finished merchandise of TshirtSpot LLC is deemed unacceptable
for one of the following reasons: (a) the blank items themselves are
materially flawed beyond a reasonable range of expectation and
tolerance; (b) the quality of the decorating (i.e., the printing) is
below a reasonable range of expectations; or (c) the design of the final
product is materially different from the final design submitted and
approved by the customer. Any return shipping cost is the sole
responsibility of the customer. Please visit and reference this related
page for our full Guarantee policy:
http://www.Tshirtspot.com/guarantee_refund.htm
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