Please read these Terms of Service carefully. These Terms of Service govern your access to this site, as well as all sales of our products, and provision of services. ESTEEM may update these Terms of Service from time to time without notice to you (but the terms existing at the time of any purchase shall apply to such purchase regardless of subsequent revisions). By continued use of our site, or through purchases of our product or our services, you agree to be bound by the terms and conditions set forth in this Terms of Service. In addition, when using particular ESTEEM services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services as are posted on our site (or on the sites of our affiliates or subcontractors). All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
ESTEEM currently provides you access to a collection of on-line marketing and educational resources.
Customer Service: ESTEEM, 303 W. Pico Road, Palm Springs, CA 92262, Email: email@example.com, Phone: (248) 249-3600
The Service is provided “AS-IS” and ESTEEM shall not be responsible for deletion, missed delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
1. General Limitations
ESTEEM reserves the right to modify or discontinue, temporarily or permanently, any or all of the Service without notifying you. Further, ESTEEM may without notice terminate your account (or any part) or your use of the Service, and remove and discard any Content (defined in Section 2, below) at any time for any reason or no reason. Possible triggers for such a termination of Services include, without limitation, your failing to regularly use the Service, your violation of these Terms of Service, or changes in the strategic business plans of ESTEEM. ESTEEM shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
Except as otherwise expressly set forth herein, the following is the only warranty that ESTEEM gives for the Service (and products ordered through the Service):
YOU USE THE SERVICE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ESTEEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow waivers of implied warranties, so to the extent that is true, such legally imposed implied warranties shall last for the shortest time permitted. Further, to the extent ESTEEM grants express limited warranties below, any implied warranties shall run only as long as the term of such limited warranty. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state or jurisdiction to jurisdiction.
ESTEEM DOES NOT PROMISE THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
EXCEPT FOR THE WARRANTIES CONTAINED IN THESE TERMS, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT ESTEEM MAY PROVIDE TO YOU SHALL CREATE ANY WARRANTY, AND THESE TERMS CONTROL OVER ANY OTHER SUCH COMMUNICATIONS.
ESTEEM (AND ITS OFFICERS, EMPLOYEES, AGENTS, VENDORS, AFFILIATES OR SUBCONTRACTORS) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Overnight Prints HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
YOUR USE OR INABILITY TO USE THE SERVICE;
YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
DELAYS IN RECEIPT OF AN ORDER; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
ESTEEM’s entire liability to you for any matter shall be limited to the amount actually received by ESTEEM on account of your purchases from ESTEEM.
This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (“Content”). You may not retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Service. ESTEEM reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this website employ a limited number of elements, including icons, fonts, color schemes, and design effects. ESTEEM reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of an image design and/or your incorporation of an image design into one or more products. Other ESTEEM customers may use the same design tools to create images that have similar or identical combinations of these elements. ESTEEM does not guarantee that your image will not have similarities to images designed and used by other parties. ESTEEM provides no warranty of any kind that image designs created using the design tools will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party’s rights.
In using the Service, you may not place or reproduce any trademarks, service marks, or logos that you do not have the legal right to use. (Words, names, and designs used to identify services or products are considered trademarks, service marks, or logos). ESTEEM has the right to reject any materials or Content which ESTEEM, in its sole discretion, considers to be obscene, defamatory, criminal, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are licensed to you by the copyright holder. While ESTEEM does not pre-screen Content, ESTEEM shall have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. ESTEEM may preserve Content (but has no obligation to do so) and may disclose any Content including if required by law or if it believes that such preservation or disclosure is reasonably necessary.
ESTEEM does not censor any material on this website nor review material to determine whether it is in compliance with the law. Consequently, ESTEEM shall have no liability for materials that are subject to copyright or trademark protections or that is otherwise in violation of the law. ESTEEM does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. ESTEEM shall not be liable to you for Content on our website that you may find offensive, indecent or objectionable.
ESTEEM may establish general practices and limits concerning your use of the Service, including, without limitation, the maximum number of days that ESTEEM shall retain designs or other uploaded Content, the maximum size of any Content, and the maximum storage space that will it may allocate to you. ESTEEM is not responsible for the deletion or failure to store any Content. ESTEEM may delete Content stored on the Service which is inactive for an extended period of time, or for any other reason including changes in its business strategy.
If you believe that your intellectual property rights have been infringed by ESTEEM or by a user of our Service, please contact us with a notification that contains the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
Identification of the copyright, trademark or other rights that have been allegedly infringed. The URL or product number(s) used in connection with the sale of the allegedly infringing merchandise.
Your name, address, telephone number and email address.
A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
While we make every attempt to ship from the location nearest you, your order may come from any of our locations. Packages shipped outside of the country of origin may be charged a duty based on the receiving country’s import tax. Delays can occur depending on your country of origin due to customs. ESTEEM is not responsible for the payment of this fee or any delay caused by customs.
ESTEEM utilizes third-party carriers to deliver orders and it is not liable for delivery problems. ESTEEM makes no guarantee about time in transit of any shipping method. If you do not receive an order by the expected delivery date, or it arrives damaged, you should email firstname.lastname@example.org or call 248-249-3600 and include invoice number.
Except for the foregoing limitations, ESTEEM shall make commercially reasonable efforts to make sure that products ordered before 8:00 pm Eastern Time will be delivered on or up to the date you choose during the checkout process. ESTEEM cutoff time of 8:00 pm EST is based on the time we receive notification of a payment clearing, and order acceptance in our production system. Therefore, please avoid placing orders close to cutoff time to avoid delays. Orders placed on hold for any reason may encounter delayed deliveries.
Refused or undeliverable orders that are on time are not ESTEEM responsibility and a a store credit or refund. Orders returned without an RMA to ESTEEM as undeliverable may be recycled or eligible for reshipment based on the reason of the failed delivery attempt. Please contact us via e-mail at email@example.com or by phone at 248-249-3600 within 30 days of the scheduled delivery date.
If an order is delayed as a result of the fault of ESTEEM, the sole remedy shall be that ESTEEM may (a) upgrade of shipping type, (b) compensation of the shipping difference paid in the form of a store credit or refund. ESTEEM must be contacted via e-mail at firstname.lastname@example.org or by phone at 888.677.2000 within 30 days of the scheduled delivery date. Overnight Prints has five business days from the time of notification to respond with one of the resolutions below:
When a package is lost in transit, ESTEEM will, at its option, replace with the same production terms.
If the package is located by the carrier it will be rerouted to the customer promptly upon discovery. However if customer receives both original and replacement, customer will be required to pay for the replacement or return. Shipping carriers typically require 10 business days for refund of shipping costs.
If the package is not found, ESTEEM will require confirmation from the carrier prior to issuing a replacement.
When packages are damaged in transit, ESTEEM will replace with the same production terms. Customer will be required to provide package and contents to carrier.
4. ORDERS / CANCELLATIONS
ESTEEM recommends payment via credit card, but you may also use PayPal to complete orders. Typical credit card payments clear within 5 seconds whereas electronic checks may take up to an average of 7 business days to clear. This will affect the delivery date chosen and push back your estimated delivery date for all orders are processed based on when payment is received. Orders may only be canceled through our website using the order status interface. Orders that have already sent cannot be canceled.
5. DEFECTIVE PRODUCTS
ESTEEM must be contacted via e-mail at email@example.com or by phone at 248-249-3600 within 30 days of receiving your order.
If the product is not deemed defective, and customer chooses to keep the product, Overnight Prints can issue a 50% store credit for the product cost towards a future order. If the product is deemed defective, and of ESTEEM’s error, we will replace the order with the same delivery terms ordered.
All Sales Are Final. ESTEEM does not offer any compensation for customer errors under Limited Warranty for Products Ordered.
6. CREDIT / REFUND
If the Product is found to be defective and you request a replacement, ESTEEM will replace the item at no charge with the same services and delivery terms extending from the time of resolution. ESTEEM may require samples and photos of the defective product prior to taking any action.
If a product or service is defective because of ESTEEM’s error, then you may contact ESTEEM to request a replacement. ESTEEM must be contacted via e-mail at firstname.lastname@example.org or by phone at 248-249-3600 within 30 days of receiving your order.
ESTEEM does not refund, cancel or credit if the Service failure or defect is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
7. INFORMATION DISCLOSURE
ESTEEM reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future services placed with ESTEEM and regarding changes to these Terms of Service. Any customer may opt out of receiving future contact from ESTEEM at any time, by unsubscribing from our email correspondence.
8. ENTIRE AGREEMENT
The Terms of Service constitute the entire agreement between you and ESTEEM and govern your use of the Service, superseding any prior agreements between you and ESTEEM.
These Terms of Service and the relationship between you and ESTEEM shall be governed by the laws of the State of California, without regard to its conflict of law provisions. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any dispute or claim relating to your use of the Service, or to any products or services sold or distributed by ESTEEM will be resolved by binding arbitration, rather than in court, except that you must assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter to ESTEEM requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will advance all fees of the arbitration except for the then current amount of the filing fee in Palm Springs County Superior Court which you must pay. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Palm Springs County, California or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify and hold ESTEEM, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
These Terms of Service are not assignable or transferable by you without the prior written consent of ESTEEM. These Terms of Service (including all of the policies and other Agreements described in this Terms of Service, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and ESTEEM are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.