Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.show-your-spirit.com website (the “Service”) operated by Show Your Spirit (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Care of Items
Washing of both screen printed and embroidered items should be done with care. Items are best washed inside out, in cold water, and hung to dry. Items with foil imprinting should be hand washed in cold, and hung to dry. Foil is a very delicate fabric and should be handled with extreme care. Although most items are pre-shrunk, we cannot guarantee that items will not shrink when washed. We also cannot guarantee items which are not laundered properly.
We will accept returns for exchange on defective merchandise only within two weeks of customer receipt of item(s). As all items are custom ordered and custom made to the customers requested specifications, we cannot refund or exchange items which were ordered in error. Please be sure of accuracy before finalizing orders. Wrong size ordered by the customer is not a considered defective merchandise, and therefore is not able to be returned. Return requests must be made in writing, and returns for exchange will not be accepted if not previously authorized.
Items will be shipped to customers, when they choose during the ordering process to have items shipped to them, via United States Postal Service or United Postal Service. Items are shipped without insurance, however customers may choose, at their expense, to add insurance to their packages. Show Your Spirit will not be held responsible for shipping delays due to shipper’s delays, as Show Your Spirit cannot control these entities. Orders placed that total $199 or more, before applicable sales tax, may be eligible for free shipping based upon various promotions offered by Show Your Spirit at various times throughout the year. Free shipping promotions are not offered at all times, and are subject to change.
Changes to an existing order
In the unlikely instance you feel you need to change an order already placed, you must notify us within writing, within 24 hours of placing your order. As all items are custom made and production begins soon after orders are placed, it may not be possible for orders to be altered after the 24 hour period. If we can make changes to your order, fees will apply. A $15 restocking fee will apply to size, color, or garment changes. If new item is priced higher, than the difference must be paid as well. If the new item is lower in price, a refund will be given for any amount over the restocking fee. A $10 fee will be assessed for each area of embroidery and/or for a fabric change.
Cancellation of an order
As all items are custom made, and we strive to fulfill our customer orders as quickly as possible, orders cannot be cancelled once placed. In the unlikely event that we have not begun production, the order may be available to cancel, however a restocking fee of 20% will apply. Requests for such must be made in writing.
Color on Computers
Various computers and operating systems display colors with varying resolution, tint, and hue. Colors displayed on our website are accurate, however, may display differently on your device. If requested, color swatches for fabrics may be mailed to you for a fee of $1 for up to 5 swatches plus applicable postage.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Show Your Spirit has the right, but not the obligation, to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Show Your Spirit or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its’ original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Show Your Spirit and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Show Your Spirit.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Show Your Spirit.
Show Your Spirit has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Show Your Spirit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Show Your Spirit and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) content posted on the Service.
Limitation Of Liability
In no event shall Show Your Spirit, nor its’ directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The products are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Show Your Spirit, its’ subsidiaries, affiliates, and its’ licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its’ conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. All parties hereby irrevocably and unconditionally submit to the jurisdiction of the state courts of California for the purpose of any suit, action or other proceeding arising out of or based upon this Agreement, agree not to commence any suit, action or other proceeding arising out of or based upon this Agreement except in state courts of California. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.