Terms Of Services
The following Terms of Service (“TOS”) contain the terms that govern your use of the Web Site and the “Affordable Sign Factory Service” (as defined below). These TOS describe your rights and responsibilities and what you can expect from the “Affordable Sign Factory Service.” Use of the “Affordable Sign Factory” Web Site constitutes acceptance of these TOS.
“Affordable Sign Factory” reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the “Affordable Sign Factory” Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the “Affordable Sign Factory Service.” Your continued use of the “Affordable Sign Factory” Web Site following posting of a new TOS on the “Affordable Sign Factory” Web Site will constitute binding acceptance of the changes.
Section One: Service.
“Affordable Sign Factory” provides a number of Internet-based services through the Web Site (all such services collectively, the “Affordable Sign Factory Service”.) One such service enables users to create customized merchandise and signs (collectively, “Products”). “Affordable Sign Factory” users may create and purchase individual Products for their own use.
Section Two: Use of the Web Site and “Affordable Sign Factory Service”.
Section 2.1 Eligibility. “Affordable Sign Factory” will only knowingly provide the “Affordable Sign Factory Service” to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the “Affordable Sign Factory Service” only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The “Affordable Sign Factory Service” is not intended for children under the age of 13.
Section 2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the “Affordable Sign Factory Service” and the Web Site.
Section 2.3 Your License to Use the Web Site and the “Affordable Sign Factory Service”
- “Affordable Sign Factory” solely and exclusively owns all intellectual property and other rights, title and interest in and to the “Affordable Sign Factory Service”, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.
- “Affordable Sign Factory” grants you a limited revocable license to access and use the Web Site and the “Affordable Sign Factory Service” for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by “Affordable Sign Factory”; to compete with “Affordable Sign Factory”; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, “Affordable Sign Factory” may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
- This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 3.1.
Section 3. Use of Your Content.
Section 3.1 You do not lose ownership of the content that you design on, or upload to, the Web Site. By uploading designs to the Web Site or creating designs with “Affordable Sign Factory’s” design tools, however, you grant the following licenses to “Affordable Sign Factory”: the nonexclusive, worldwide, transferable, sub-licensable right to copy, crop, reproduce, publicly display, sell, and distribute the design in or on products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and products. To include, the right to make modifications to your design as “Affordable Sign Factory” in its sole discretion, finds necessary to achieve the above listed purposes.
Section 4. General Rules.
Section 4.1 Prohibited Use. You may only use the “Affordable Sign Factory Service” as expressly permitted by “Affordable Sign Factory.” You may not cause harm to the Web Site or the “Affordable Sign Factory Service”. Specifically, but not by way of limitation, you may not:
- interfere with the “Affordable Sign Factory Service” by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet “search engine”, hit counters or similar technology;
- collect electronic mail addresses or other information from third parties by using the “Affordable Sign Factory Service”;
- impersonate another person or entity;
- use any meta tags, search terms, key terms, or the like that contain “Affordable Sign Factory’s” name,
- engage in any activity that interferes with another user’s ability to use or enjoy the “Affordable Sign Factory Service”; or
- assist or encourage any third party in engaging in any activity prohibited by these TOS.
Section 4.2 Prohibited Use Promise. By using the “Affordable Sign Factory” Web Site, you are promising that you are not using the “Affordable Sign Factory Service” or the Web Site for any of the prohibited uses.
Terms Of Sale
1) Acceptance of Terms
You (the customer) by clicking the “PLACE ORDER NOW” button hence making a purchase from the “Affordable Sign Factory” acknowledge you have read this document and agree to be bound by and subject to its terms; to include the “Terms of Service” and the “Terms of Sale.”
The “Terms of Sale” are not meant to contradict, violate or run contrary to any portion of the “Terms of Service” which governs your use of the “Affordable Sign Factory” web site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The “Terms of Sale” is meant to provide general information regarding policies surrounding purchases from the “Affordable Sign Factory” web site. The “Terms of Service” is hereby incorporated by reference into this document and thus by agreeing to comply with the “Terms of Sale” you again agree to comply with the “Terms of Service.”
2) Content of Your Purchase
The primary value of the “Affordable Sign Factory” web site (Web Site) is the ability for users and potential purchasers (Users) to create signs and graphics that display any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no “Affordable Sign Factory” employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the signs or graphics created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that any sign you, the User, purchase will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User’s Realm of Control through the use of the tool on the Web Site.
You, as the “User,” have many opportunities during the purchasing process (defined as the “Realm of Control”) to manipulate, revise and check your purchase for layout and content and agree you have done so.
“Realm of Control” refers to any part of a sign that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, quality of downloaded graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background, or any other aspect of the sign delegated to the User’s “Realm of Control.”
While the “Affordable Sign Factory” does not review the content of your sign or product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of the “Affordable Sign Factory” you have violated the Terms of Service or this Terms of Sale, you agree that the “Affordable Sign Factory” will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, hateful; racially/ ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
The “Affordable Sign Factory” sells products made out of several different types of materials: Corrugated Plastic (polypropylene,) Aluminum (.040 Aluminum) and PVC (Polyvinyl Chloride.) You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. The “Affordable Sign Factory” only guarantees you will receive the materials advertised on the Web Site which you purchased. You agree that the “Affordable Sign Factory” is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site. As an example, you agree “Affordable Sign Factory” is not responsible if the PVC received by the purchaser is not what the purchaser envisioned PVC would be.
You agree that all products produced and sold by “Affordable Sign Factory” are for novelty purposes only. “Affordable Sign Factory” does not make any claims about the legal compliance or registration of signs or any other products sold by “Affordable Sign Factory”. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs or other products permitted for your particular use.
4) Color Matching
The “Affordable Sign Factory” sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view “Affordable Sign Factory” products solely through their computer screens (“Monitors”). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another. Further, computer monitors display images with light and use a standard known as RGB to do so. “Affordable Sign Factory” produces products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that the “Affordable Sign Factory” does not guarantee the colors as they appear on the screen will look exactly the same as the colors as they appear on the purchased product. The “Affordable Sign Factory” works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
5) Payment Policy
100% is due when your order is placed. Once an order is placed with the “Affordable Sign Factory” your Credit Card will be charged the total amount of your order. We accept Visa, Master Card, American Express and PayPal.
6) Uploaded Images
The “Affordable Sign Factory” permits users to upload images onto their signs and products through the “Affordable Sign Factory” Web Site. You agree “Affordable Sign Factory” is not responsible for the quality of the images you upload. The “Affordable Sign Factory” Web Site attempts to make a “best guess” as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Web Site assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree “Affordable Sign Factory” is not responsible for ensuring quality images for any image file format available on the Web Site.
7) Clip Art
“Affordable Sign Factory” offers a broad range of clip art available on the Web Site for use with your signs and products. You agree that this clip art is for novelty purposes only and are not meant to be taken as official symbols, art or graphics. You also agree that with the exception of the Realtor(R) clip art, none of the clip art has been approved through official organizations or groups.
8) Production Time
“Affordable Sign Factory” works diligently to ensure orders will be produced and exit the “Affordable Sign Factory” facility within three business days from the date of order. The date of order is the calendar date in which the order is placed before 6:00pm Pacific Standard Time; and the next business day after the calendar date of order if the order is placed between 6:00pm and 11:59pm Pacific Standard Time.
This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday of the same week. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree “Affordable Sign Factory” will take at least 3 business days to produce your order and that it may take longer than 3 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time “Affordable Sign Factory” deposits such purchased goods with its designated shipper.
9) Return and Refund Policy
You agree “Affordable Sign Factory” guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to “Affordable Sign Factory”. Upon receipt of the product or the photograph, “Affordable Sign Factory” will send a replacement of the product or will issue “Affordable Sign Factory” credit for the purchase value of the failed or broken product(s). “Affordable Sign Factory” credit can be used on the “Affordable Sign Factory” website for any purchase.
“Affordable Sign Factory” does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of “Affordable Sign Factory”. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by “Affordable Sign Factory” as to the cause of the failure or breakage.
10) Changes to Your Order
“Affordable Sign Factory” provides many opportunities to review, revise and cancel the order process before actually placing your order. “Affordable Sign Factory” is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree “Affordable Sign Factory” is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. An “Affordable Sign Factory” employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
11) Alterations to 4’x8′ and 4’x4′ Corrugated Plastic signs
“Affordable Sign Factory” may make modifications to some products in order to reduce the cost to our customers. For instance, a 4’x8′ board cannot be shipped at ground shipping rates; it must ship freight which is far more expensive for smaller orders than ground. To enable orders of one to twelve 4’x8′ and 4’x4′ corrugated plastic signs to ship at ground shipping rates, we may slit the back of the boards in one or two places so that it folds to a third, or half of its width. Once delivered, the boards can be easily unfolded to their original 4’x8′ or 4’x4′ width. Then the application of standard clear packing tape along the sliced seam will ensure the strength and integrity of the sign. If you do not approve of such alterations, you must contact us within 24 hours to notify us of your objection, in which case you will be charged the difference between ground and freight shipping.
12) Political Orders
The User is responsible for including required funding declarations (disclosures) for political advertising. Each state has different laws regarding political advertising and appropriate copy must be supplied with the order.
13) Local Ordinances
Please check with your local code enforcement office for sign requirements – this is your responsibility.
14) Dispute Resolution.
All disputes arising out of, relating to or connected with these Terms of Sale or your use of any part of the “Affordable Sign Factory”.Com Service will be exclusively resolved under confidential binding arbitration held in Clark County, Nevada before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Nevada law (without regard for conflicts of law principles.) The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Clark County, Nevada. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Nevada State courts in Clark County. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale or your use of any part of the “Affordable Sign Factory”.Com Service must be asserted individually. Notwithstanding anything to the contrary in this Section, “Affordable Sign Factory” may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.