This User Agreement along with all the terms and conditions herein (the “Agreement”) is legally binding, as of the Last Update Date as set forth in this Agreement, between SameDayCustom, LLC, having offices/residing at 102 Mall Circle Dr, Monroeville PA 15146 (together with its Affiliates, subsidiaries, partners, and parent applicable to the Services set forth in this Agreement) (the “Company”) and any individual or entities that browse, interacts with, and/or uses the Services offered by the Company through its Website or any other channel facilitated by the Company (the “Customer”). The Company and the Customer may be referred to collectively herein as the “Parties” and individually as a “Party” (as the case may be and as the context may so dictate).
1.1. Unless the context otherwise requires each of the following words and expressions shall have the following meanings:
1.2. References to a “Party” or the “Parties” shall include their respective successors in title, permitted assignees, estates, and legal personal representatives.
1.3. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, words denoting any gender shall include all genders and words denoting persons shall include bodies corporate and unincorporated, associations, partnerships, and individuals. Unless otherwise indicated, any references to “days” shall mean calendar days, and days and times shall be relative to the jurisdiction within the Territory in which the Company is carrying out the Services.
2.1. In order for the Customer to use the Company’s Services, the Customer must create an Account with the Company. At all times, the Customer is only allowed to have one Account.
2.3. The Company has the right to determine what information is needed and has the right to change the required information by adding to the required information and/or removing from it. It is the Customer’s responsibility to comply with the Company’s right in this regard.
2.4. Failure by the Customer in providing accurate, complete, and current or a false identity shall constitute a breach of this Agreement, which may result in immediate termination of the Customer’s Account, thus the Customer will lose any or all of his rights in using and/or gain from using the Company’s Services.
2.5. The Customer is solely responsible for any activities that occur on his Account and may never use another Customer’s Account without permission from that Customer.
2.6. The Customer’s Account credentials are the Customer’s entire responsibility to keep secure, and the Customer is not permitted to give them to anyone else. If the Customer has any cause to believe that his/her login information has been hacked, lost, or stolen, or if he/she becomes aware of any real or suspected unauthorized use of his/her Account, he/she must notify the Company right away.
2.7. The Customer must not use a username the name of another person or entity or organization, any other name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity, or organization other than the Customer without authorization. The Customer must not use a name that is offensive, vulgar, or obscene.
2.8. The Customer acknowledges that he/she is over the age of eighteen (18), as the Company does not permit those under eighteen (18) to use its Website, Applications, and Services. If the Customer provided false information regarding his/her age, the Company is not liable under any circumstances towards the Customer or any legal entity for any lawsuit(s) and/or legal action(s) and/or any collateral damages that may arise due to giving the Company false information.
2.9. If the Customer is using The Company’s Service on behalf of an entity or organization, the Customer understands, acknowledges, and testifies that he is legally authorized and permitted to bind such entity or organization to this Agreement. In this case and without prejudice to the Company, the Company is not liable under any circumstances for the Customer’s use of the Services.
2.10. The Company has the right to terminate the Services, limit any or all features and Services, or restrict or ban any Customer or Account without any liabilities whatsoever towards the Company. The Customer shall not have the right to create another Account if the Customer has been previously removed by the Company.
2.11. The Customer may need to agree to additional terms and conditions in order to access or use particular areas or features of the Service, or they may be governed by different policies, standards, or guidelines. Unless otherwise noted, the more specific terms and conditions will apply in the event of a disagreement between the Agreement and the terms and conditions that apply to a particular region or feature of the Company’s Service.
3.2. Any amendments are to become effective immediately after the Company posts them on the Website or Application. It is the Customer’s responsibility to always review and familiarize himself with any new amendments, any forgetfulness by the Customer in doing so does not hold the Company liable.
3.3. Any continuation by the Customer in using the Website and/or Services and/or Applications shall constitute accepting the Agreement and any of its modifications.
3.4. Any rejection by the Customer to the Agreement or its amendments in part or whole shall make the Customer unauthorized to access and use the Website, Applications, or Services.
4.1. Any Content posted by the Customer on the Website or Applications is the Customer’s right and the Company does not claim ownership of the Content and it does not violate any privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person, entity, or organization.
4.2. Any Content that is used, displayed, posted, reproduced, and/or distributed by the Customer through the Company or any of its Print Providers is the Customer’s sole responsibility, and the Customer has the necessary rights for that Content. The Company is not liable under any circumstances towards any breach done or caused by the Customer from using any unauthorized or copyrighted Content, and the Customer shall indemnify the Company in any means necessary from any legal actions that may arise from using that content.
4.3. It is the Customer’s sole responsibility to protect any Content submitted, used, displayed, or uploaded on the Website or Applications. The Company shall not take any part in protecting that Content and shall not be liable under any circumstances if the Content is misused by any third party, other Customers, entities, or organizations.
4.4. The Customer grants the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content or the Content itself to provide the Services and/or promote the Company in any way, format, channel the Company deems fit.
4.5. The Customer is not allowed to use in any way any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable, the Company may reject the Content and/or amend the Content and/or require changes from the Customer as the Company sees fit without any liability towards the Company. Examples of such objectionable Content include but are not limited to the following:
4.6. The Company has the right to determine if the Content is appropriate and complies with this Agreement and to do any editing and change the Content in part or in whole, or even reject the Content. The Company is not obligated to review all Content uploaded by all Customers as the Company cannot control and monitor all Content posted by all Customers.
5.1. Intellectual property infringement
5.2 Company Property
6.1. To provide high-quality Service, the Company might use other third-party websites or service providers, such as but not limited to Print Providers, that are not owned or controlled by the Company. The Company has no responsibility for the content, privacy policies, or any other terms and conditions of the third-party websites or service providers.
6.2. The Customer understands, acknowledges, and agrees that the Company shall not be responsible or liable, directly or indirectly and under any circumstances, for any damages or losses caused or allegedly caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or service providers.
6.3. The Customer knowingly understands, acknowledges, agrees to, and accepts any third-party websites or service providers’ terms and conditions, privacy policies, policies, and procedures, or any other terms and conditions that govern them and their interactions. Any breach by the Customer to any of the said terms and conditions is the sole responsibility of the Customer and the Company shall not be liable whatsoever under any circumstances of any breach and the Customer shall indemnify the Company of any damages or collateral damages that may arise from such breach.
7.1. To the maximum extent permitted by law, the Company shall not be liable directly or indirectly and under any circumstances for any loss of use, lost or inaccurate data, loss of privacy, failure of security mechanisms, interruption of business, costs of delay, or any indirect, special, incidental, reliance, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in Agreement, tort (including negligence) strict liability or otherwise, even if informed of the possibility of such damages in advance.
7.2. To the maximum extent permitted by law, the Company’s total aggregate liability in the Agreement, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the Agreement shall be limited to the total charges paid for the Service.
7.3. The Company shall not be liable directly or indirectly under any circumstances for any delays, failures, damages, or losses caused by or in connection with any third-party websites or service providers.
7.4. The Company is not liable directly or indirectly or indirectly under any circumstances for any delays, failures, damages, or losses caused by incorrect instructions or information provided by the Customer. If any collateral damages, losses, or failures occurred due to the incorrect instructions or information provided by the Customer, the Customer shall take full responsibility and indemnify the Company from anything that may arise from such events.
7.5. In no event will the Company be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses, or expenses arising in connection with the Website 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 the Company, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
7.6. The information and materials contained in the Website, including text, graphics, links, or other items, are provided "as is", or "as available". The Company does not warrant the accuracy, adequacy, or completeness of the information and materials on the Website 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.
7.7. The Customer acknowledges and agrees to defend, indemnify and hold the Company and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Company’s website and/or Service and/or Applications, Customer violation of this Agreement, or your violation of any rights of another.
7.8. Without any liabilities, under any circumstances, the Company cannot provide continuous access to and availability of the Company Service due to the nature of the Internet. If it becomes necessary due to capacity restrictions or the security of the Company’s systems, the Company has the right to limit the accessibility of its Service or specific features. Additionally, the Company retains the right to impose access restrictions when carrying out maintenance procedures to guarantee the effective and efficient operation of the Company’s Service. The Company has the ability to enhance or change its Service and occasionally roll out new products.
7.9. In addition to holding no inventory, the Company does not do any printing. The Company is not in charge of the standard or result of produced orders. The chosen Print Provider will determine how well the product turns out. Each Print Provider has its own tools and procedures. If any defaults occur in the producing the Order due to the Content quality, thus the Company or its Print Providers have the right to edit the Content according to their own discretion, neither the Company nor its Print Providers are liable for any claims or refunds that may arise whether directly or indirectly from any actions taken or defaults in producing the orders as stated in this article.
8.1. The Company shall not be liable for any failure to perform any of its obligations under this Agreement if such failure is caused by a Force Majeure Event (including, without limitation, war, natural disaster, or any other cause that is outside the scope of control of the Company such as failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency).
9.1. The failure by the Company to exercise any right hereunder shall not in any way be deemed to constitute a waiver of such right, and shall not in any way affect the entitlement of the Company to exercise such right.
9.2. The fact that any section or clause hereunder may become void, unenforceable, invalid, or inapplicable shall not affect the validity of this Agreement, and it shall not release the Customer from his obligations hereunder.
10.1. The Company has the right to terminate or suspend the Customer’s Account immediately and without prior notice, such action does not hold the Company liable for any reason whatsoever. The Company has the right to terminate or suspend the Customer Account without limitation to any breach of this Agreement.
10.2. Upon the termination or suspension of the Customer Account, the Customer’s right to use the Service and/or Website and/or Application will cease immediately.
10.3. If the Customer wishes to terminate his Account, the Customer can simply discontinue using the Service.
11.1. The terms and conditions contained in this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. The Customer irrevocably and unconditionally consents to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania, and agrees to bring any action, litigation, or proceeding only in such court. The Customer agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.