PRIVACY & SECURITY
Protecting your Privacy
updated August 19, 2019
We collect and store information that you provide to our Website or our Customer Service Department or that we receive from third parties (such as companies providing commercially available databases). For example, when you place an order, we collect and store some or all of the following information that you provide: name, billing address, shipping address, email address, telephone number, and credit card number and expiration date. When we run a contest or sweepstakes relating to our Website, it will be accompanied by a set of rules. The rules for each contest/sweepstakes will specify how the information gathered from you for entry will be used and disclosed, if it is different than as described in this Policy. Personal information will be collected only if you voluntarily submit it to our sponsors or us.
Through your use of our Website, we may also gather certain information about your use of our Website ("Usage Information"). Generally, this information is collected through "traffic data". We collect and store certain other information automatically whenever you interact with our Website. For example, we collect your IP address, browser information and reference site domain name every time you visit our Website. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve our Website, to provide our customers with a fulfilling shopping experience, and to personalize the Website, our communications with you, and your shopping experience.
Personal Information Security
Your Personal Information security is our priority. Personal information collected at our Website is stored in secure operating environments that are not available to the public. Only those employees and service providers who need access to personal information in order to do their jobs are allowed access, each having confidentiality obligations. To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information you input. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
TERMS & CONDITIONS
updated August 19, 2019
XTREME IMPRINT LLP. TERMS & CONDITIONS
Welcome to www.xtremeimprinthawaii.com (“Web Site”). This Web Site is owned and operated by Xtreme Imprint LLP. In addition to the Content on the Web Site, the Web Site provides you with various shopping, e-commerce and community services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site and the Services. If you choose to continue to use or access this Web Site after having the opportunity to read these Terms, you recognize that Xtreme Imprint has provided valuable consideration by offering this Web Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Web Site and exit immediately.
1. COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Xtreme Imprint, its licensors, vendors, agents and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print and download documents, audio and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web Site and Services. The Web Site, its Content and all related rights shall remain the exclusive property of Xtreme Imprint or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Web Site.
2. PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site.
3. SHIPPING LIMITATIONS
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
4. ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
7. ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site.
8. USER GENERATED CONTENT – YOUR LICENSE TO US
User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Web Site, you grant Xtreme Imprint a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
For all charges for any products and services sold on the Web Site, Xtreme Imprint will bill your credit card or alternative payment method offered by Xtreme Imprint. In the event legal action is necessary to collect on balances due, you agree to reimburse Xtreme Imprint for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
10. FORCE MAJEURE
Neither Xtreme Imprint nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
11. PRIVATE POLICY
Neither Xtreme Imprint, nor any of its respective affiliates, warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation, except as prohibited by applicable New Jersey law. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty Act.
13. LIMITATION OF LIABILITY
Your use of the Web Site is at your own risk. You agree that our sole obligation to you is to provide the Web Site “as is.” Except as prohibited by applicable New Jersey law, neither Xtreme Imprint nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Web Site shall be liable to you or to any third party for your use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site.
Except as prohibited by applicable New Jersey law, in no event will Xtreme Imprint or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Please refer to your local laws for any such prohibitions.
In the event that you have a dispute with one or more other users of the Web Site, you release Xtreme Imprint (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. WEB SITE DISPUTES
“Web Site Disputes” include: (a) any claim you may have against Xtreme Imprint in connection with the Site, (b) any claim Xtreme Imprint may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Web Site Disputes. Any claim arising from your purchase of a Xtreme Imprint product or service is a Non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Web Site Dispute.
16. WEB SITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
You agree that you will not file a class action against Xtreme Imprint and its affiliated companies, or participate in a class action against Xtreme Imprint and its affiliated companies, in any Web Site Dispute. You agree that you will not file or seek a class arbitration, or participate in a class arbitration against Xtreme Imprint and its affiliated companies, in any Web Site Dispute.
17. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the user and Xtreme Imprint and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org or by phone at 1-800-754-3785.
COPYRIGHT AND TRADEMARKS NOTICE
All Site design, graphics, text selections, arrangements, are Copyright© 2019 Xtreme Imprint LLP.
All trademarks, service marks and trade names of Xtreme Imprint used herein (including but not limited to: the Xtreme Imprint name, the Xtreme Imprint corporate logo, the Xtreme Imprint X Design) (collectively “Marks”) are trademarks or registered trademarks of the Xtreme Imprint Group, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Xtreme Imprint trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this site, without Xtreme Imprint prior written consent. The use of Xtreme Imprint trademarks on any other web site or network computer environment is not allowed. This protects you, too. When you see the Xtreme Imprint marks, you can be sure of our quality and performance. Xtreme Imprint prohibits the use of Xtreme Imprint trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance.