This User Agreement, including all the terms and conditions herein (the "Agreement"), is a legally binding contract between SameDayCustom, LLC, with 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) (referred to as the "Company"), and any individual or entity that browses, interacts with, and/or uses the Services offered by the Company through its Website or any other channel facilitated by the Company (referred to as the "Customer"). The Company and the Customer may collectively be referred to as the "Parties" and individually as a "Party" (as the case may be and as the context may dictate).
1.1. In this Agreement, 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 access and utilize the Company’s Services, it is a requirement to create an Account with the Company. The Customer is permitted to maintain only one Account at all times.
2.3. The Company reserves the right to determine the requisite information and may modify the requirements by adding or removing specific information. The Customer is obligated to adhere to the Company’s guidelines regarding the required information.
2.4. Failure by the Customer to provide precise, complete, and up-to-date information, or the submission of false identity details, shall constitute a violation of this Agreement. Such breach may result in immediate termination of the Customer’s Account, thereby forfeiting any and all rights associated with the use or benefits derived from the Company’s Services.
2.5. The Customer bears sole responsibility for any activities carried out on their Account and must not utilize another Customer’s Account without explicit permission.
2.6. The Customer must safeguard their Account credentials and refrain from sharing them with any third party. In the event of any suspected or actual unauthorized access, loss, theft, or compromise of login information, the Customer must promptly notify the Company.
2.7. The Customer is prohibited from using a username that belongs to another individual, entity, or organization, or any name or trademark that infringes upon the rights of others. Additionally, the Customer must refrain from employing offensive, vulgar, or obscene usernames.
2.8. By accessing the Company’s Website, Applications, and Services, the Customer confirms that they are at least eighteen (18) years of age. The Company does not permit individuals under the age of eighteen (18) to use its offerings. If the Customer provides false age-related information, the Company shall not be held liable for any legal repercussions or damages resulting from the provision of false information.
2.9. If the Customer is using the Company’s Services on behalf of an entity or organization, they assert and affirm that they possess legal authority to bind such entity or organization to this Agreement. In such cases, the Company assumes no liability for the Customer’s use of the Services.
2.10. The Company retains the right to terminate Services, restrict access to specific features or Services, or impose limitations on Customers or Accounts without incurring any liability towards the Company. In the event of prior removal by the Company, the Customer shall not be entitled to create another Account.
2.11. Certain areas or features of the Service may require the Customer to accept additional terms and conditions, or may be governed by distinct policies, standards, or guidelines. Unless expressly stated otherwise, the specific terms and conditions applicable to a particular region or feature of the Company’s Service shall prevail in the event of any conflicts or discrepancies between them and this Agreement.
3.1. Modification of Agreement and Policies:
3.2. Effective Date of Amendments:
3.3. Acceptance of Agreement and Amendments:
3.4. Rejection and Unauthorized Access:
4.1. Ownership and Responsibility of Content:
4.2. Responsibility for User-Generated Content:
4.3. Protection of Content:
4.4. Grant of License:
4.5. Restrictions on Content:
4.6. Review and Editing of Content:
5.1. Intellectual property infringement:
5.2. Ownership and Permission:
5.3 Company Property:
6.1. In order to deliver a high-quality service, the Company may utilize third-party websites or service providers, including but not limited to Print Providers, that are not owned or controlled by the Company. The Company explicitly states that it bears no responsibility for the content, privacy policies, or any other terms and conditions of these third-party websites or service providers.
6.2. The Customer acknowledges, understands, and agrees that the Company shall not be held accountable or liable, directly or indirectly and under any circumstances, for any damages or losses incurred or alleged to be incurred in connection with the use of or reliance on any content, goods, or services available on or through these third-party websites or service providers.
6.3. The Customer knowingly and willingly acknowledges, understands, agrees to, and accepts the terms and conditions, privacy policies, policies, and procedures, or any other terms and conditions governing these third-party websites or service providers and their interactions. Any violation of these terms and conditions by the Customer shall be the sole responsibility of the Customer, and the Company shall not be held liable in any way or under any circumstances for such breaches. The Customer shall indemnify the Company for any damages or consequential damages that may arise from such breaches.
7.1. The provision of free local delivery is contingent upon the Customer meeting the minimum Order amount, exclusive of taxes and any additional charges, such as delivery fees. The minimum Order amount is not predetermined and may vary based on factors including, but not limited to, the delivery cost incurred by the Company due to the distance between our Print Provider and the Customer’s location.
7.2. The application of free local delivery will be automated once the Customer fulfills the indicated minimum Order amount. The Company reserves the right to add, modify, or withdraw the offer of free delivery as it deems appropriate.
7.3. Please note that free local delivery does not apply to express, expedited, or return shipping. It is only applicable to specific locations within the United States of America, which may be subject to change at the sole discretion of the Company. Therefore, all available logistics options, including shipping, delivery, and pickup, will be presented to the Customer at the checkout.
7.4. The time frame for pickup, delivery, or shipping of the Order (referred to as the "Service Level Agreement" or "SLA") depends on various Order-specific requirements, such as the quantity and colors of items, printing method, design complexity, stock availability, and turnaround time for order production. Any information provided on our website’s homepage regarding SLA is intended as a general guideline or may be based on specific scenarios, and does not encompass the specific requirements of individual Orders. Consequently, such SLA should not be construed as a promise, binding contract, or agreement between the Company and the Customer, and the Company cannot be held liable for any misunderstandings on the Customer’s part. The Company reserves the right to modify or remove the SLA at its sole discretion.
7.5. One-day shipping refers to the delivery on the following business day ("Transit Time") after the Order has been handed over to the third-party logistics company for shipping and delivery. The feasibility of next-day delivery depends on factors such as the Customer’s location, the Print Provider’s location, Order quantity, Order weight and size, and stock availability.
7.6 Transit Time will be provided at the checkout. Please note that such Transit Time is generic or may be based on specific cases and relies on the performance of the third-party logistics provider, which the Company has no control over. It does not take into account the specific requirements of the Order. Therefore, this Transit Time should not be considered a promise, binding contract, or agreement between the Company and the Customer, and the Company cannot be held liable for any misunderstandings on the Customer’s part. The Company retains the right to modify or remove the Transit Time at its sole discretion.
8.1. Disclaimer of Liability:
8.2. Limitation of Liability:
8.3. Third-Party Websites and Service Providers:
8.4. Customer Responsibility for Instructions and Information:
8.5. Disclaimer of Damages:
8.6. Disclaimer of Warranty:
8.8. Service Availability and Changes:
8.9. Printing Process and Liability:
8.10. Customer Acceptance and Waiver:
9.1. The Customer acknowledges and agrees that neither the Company nor its Affiliates and/or Print Providers make any representation or provide any warranty, express or implied, including but not limited to freedom from errors, merchantability, fitness for a particular purpose or use, suitability, title, and non-infringement, regarding any Content/design/IP/mark. The Customer acknowledges and agrees that the Company cannot, will not, and does not guarantee the safety, usefulness, legality, moral acceptability, or commercial success of any Content/design/IP/mark.
9.2. Customer Representations and Warranties:
9.3. Non-Infringement and Absence of Disputes:
9.4. No Claims or Actions:
10.1. The Company shall not be held liable for any inability to fulfill its obligations under this Agreement in the event of a Force Majeure Event. A Force Majeure Event includes, but is not limited to, war, natural disaster, or any other cause beyond the Company’s control, such as power failure, telecommunication or data network disruptions, or denial of a license by a government agency.
11.1. The Company’s failure to exercise any right under this Agreement shall not be construed as a waiver of that right and shall not impact the Company’s ability to exercise such right in the future.
11.2. If any section or clause of this Agreement becomes void, unenforceable, invalid, or inapplicable, it shall not affect the overall validity of this Agreement, nor shall it release the Customer from their obligations stated herein.
12.1. The Company reserves the right to immediately terminate or suspend the Customer’s Account without prior notice. Such termination or suspension does not impose any liability on the Company for any reason whatsoever. The Company has the authority to terminate or suspend the Customer’s Account without limitations, including but not limited to, any breaches of this Agreement.
12.2. Upon termination or suspension of the Customer’s Account, the Customer’s privilege to use the Service, Website, and/or Application will cease immediately.
12.3. If the Customer intends to terminate their Account, they may do so by discontinuing the use of the Service.
13.1. The terms and conditions outlined in this Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its principles of conflict of laws. The Customer acknowledges and agrees to irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts situated in Allegheny County, Pennsylvania, for any action, litigation, or proceeding arising from or related to this Agreement. The Customer further agrees that any final judgment in such action, litigation, or proceeding shall be binding and enforceable in other jurisdictions through a lawsuit on the judgment or by any other means permitted by law.