Aridwear Terms Of Service

TERMS OF SERVICE » terms subject to change without notice « GENERAL: This website is owned and operated by Aridwear® . Throughout the site, the terms “we”, “us” and “our” refer to Aridwear® . Aridwear® offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site or otherwise conducting business with Aridwear® , including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully. By accessing or using any part of the site or engaging in the use of any of our services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Use of any Aridwear® product, however procured, is done so in agreeance with these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or engagement with our services following the posting of any changes constitutes acceptance of those changes. Aridwear® reserves the right to refuse service to anyone for any reason at any time. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We may also reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers or distributors. ONLINE STORE & PRODUCT TERMS: By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to us or our servers. A breach or violation of any of the Terms may result in an immediate termination of your Service(s) at any stage and will not result in any refunds. SITE CONTENT: Unless otherwise noted, all materials, including text, images, product names, logos, executable code, layout designs and templates and other materials appearing as part of this site are copyrights, trademarks and intellectual properties controlled or licensed by Aridwear® or the appropriate copyright holder. The contents of our site, and the site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the site. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS: All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Aridwear® on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, 'comments'), products or otherwise shall be and remain the property of Aridwear® . Such disclosure, submission or offer of any comments shall constitute an assignment to Aridwear® of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, Aridwear® will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments. Aridwear® is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to user any compensation for any comments; or (3) to respond to any user comments. You agree that no comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. You agree that Aridwear® may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Aridwear® may use your information for marketing and promotional purposes. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated. DISCLAIMER OF WARRANTIES; LIMITATION OR LIABILITY: Aridwear® makes every effort to perform all jobs and deliver all product orders in a timely fashion with the utmost attention to detail and quality. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Quality is our highest priority at Aridwear® . If you feel that a garment is damaged due to a manufacturing defect, please contact a customer service representative for details on how to exchange the product. Returned products are inspected by our Quality Team and replaced if the damage is the result of a manufacturing defect and not caused by misuse or activities other than the intended purpose. In no case shall Aridwear® , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. PERSONAL INFORMATION: When you interact with us, we automatically receive and store certain types of information, such as the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant products and product information. This is statistical information used to monitor the usage of our website and for advertising purposes. This information does not include personal information. Personal or Company information gathered our site or directly by an Aridwear, LLC agent is used solely and expressly by Aridwear< LLC and never shared or sold. ART SUBMITTALS & LICENSING: By supplying images, text, or any other data to Aridwear® , the customer grants Aridwear® permission to use this material freely in the pursuit of the design. All art submitted is to be in vector format. Non-vector art will incur a conversion fee billed at our standard hourly design fee. Images which are supplied in an electronic format are to be provided in a format as prescribed by Aridwear® via flash drive, CD-ROM, direct upload, provided download link or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Aridwear® will not be held responsible for any image quality which the client later deems to be unacceptable. Aridwear® cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials or any other image requiring vector conversion. By supplying text, images and other data to Aridwear® for inclusion in the customer’s order, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Aridwear® operates under the strict assumption these release agreements have been made and are in place between you and the trademark or copyright holder. Aridwear® assumes no liability or responsibility for any trademark or copyright violations which may arise from submitted or requested material used devoid of proper use and/or usage agreements. As by the customer agrees to fully indemnify and hold Aridwear® free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions. All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Aridwear® will not be held responsible for any and all damages resulting from such claims. Aridwear® is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold Aridwear® responsible for any such loss or damage. Any claim against Aridwear® shall be limited to the relevant fee(s) paid by the customer. Copyrighted original works of authorship must be provided directly by the copyright owner and accompanied by, or include, all usage rights parameters, stipulations and/or guidelines required by the copyright owner in order to meet the requirements for being included in the Aridwear, LLC art database. All usage rights, parameters, stipulations and/or guidelines required by the copyright owner shall supersede customer request unless explicit written permission for said deviance is provided to Aridwear, LLC by the copyright owner directly. Copyrighted material requested for use on Aridwear® products must be provided to Aridwear, LLC by the customer in accordance to the Aridwear, LLC Terms of Service or come directly from Aridwear’s database. Any artwork, images, or text supplied and/or designed by Aridwear® on behalf of the customer, will remain the property of Aridwear® and/or its suppliers. Copyright is retained by Aridwear® on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. The customer may request in writing from Aridwear® , the necessary permission to use materials (for which Aridwear® holds the copyright) in forms other than for which it was originally supplied, and Aridwear® may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. Any design, copywriting, drawing, or idea created for the customer by Aridwear® is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Aridwear® and any of its relevant sub-contractors. If a choice of design is presented, only one solution is deemed to be given by Aridwear® as fulfilling the contract. All other designs remain the property of Aridwear® , unless agreed in writing that this arrangement has been changed. PRODUCTS & SERVICES: Aridwear® makes every effort to display as accurately as possible the colors and images of our products appearing in our online store and mock-ups but are not guaranteed to match your screen upon delivery. If Pantone Matching System (PMS) colors are provided they will be matched as close as possible, however Aridwear® does not guarantee exact PMS matching. Colors are subject to variation on product and may not match 100%. ARIDWEAR, LLC BILLING RATES: Aridwear® product and service pricing is subject to change without notice. No design processes will begin before invoice payment is fully processed. Aridwear® is not responsible for any project delays or expenses which may come as a result from a delay of payment or payment processing. CONSULTING: Aridwear, LLC offers a design consultation with its new clients at no charge (limit 1 hour). Consult agenda is to gain an understanding of client needs and desires; additionally, to provide the client with examples of methods they may employ to convey particular colors and/or design preferences, elements, etc. It is the sole responsibility of the client to convey specific graphical desires related to color, graphic elements, as well as copy and art placements in written communication accompanied by image representations and/or PMS colors. For clients in need of additional branding, marketing or design consultation the following rates apply. L1 - Individuals & Non-Commercial Entities: $65.00 per/hr Performed by Aridwear, LLC Account Manager only. L2 - SMB: $175.00 per/hr Performed by Aridwear, LLC Account Manager and Art Director L3 - Enterprise: $350.00 per/hr Performed by Aridwear, LLC Account Manager, Art Director and Designer(s) assigned to client project. GRAPHIC DESIGN: The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be subject to an additional, separate charge. *Aridwear® Garment Presentation Only* Level 1: $75.00 per/hr Entity name and logo exists, client knows what they want and provides sketches and/or image samples, client does not require designer to understand their business, no PMS color matching required. Designer works solely off of the design notes provided by the client and account manager following standard new client consult. One completed artwork mock-up is shown. After artwork is presented, client may request one round of minor revisions. Additional revisions billed at $75/hour. Level 2: $175.00 per/hr Entity name and logo exists, client knows what they want and provides sketches and/or image samples, PMS color matching required. Designer works primarily from design notes provided by the client, account manager and art director following consult. Designer may consult with art director as needed. One completed artwork mock-up is shown. After artwork is presented, client may request one round of minor revisions. Additional revisions billed at $175/hour. Level 3: $7000.00 Client requires complete branding creative (name, logo, color scheme, etc). Designer works directly with the client, account manager and art director to ensure understanding of complete branding strategy. Two to three initial concept ‘pencil sketches’ shown, one chosen to be created as final art. After final artwork is presented, the client may request up to two rounds of minor revision. Additional revisions billed at $250/hour. If the client chooses to not move forward after pencils are presented, a kill fee of $3,500 will be paid for completion of sketches. If artwork is completed to final, the full fee will be paid. COMMERCIAL LICENSING: All listed prices are an addition to graphic design fees. Aridwear, LLC typically retains all rights to, and does not sell, original artwork presented on the Aridwear® brand. However, when requested, the pricing schedule below is available for commercial use licenses of Aridwear, LLC copyrighted works. Usage Scenario 1: +$5,000 The client may use the artwork on Aridwear® garments only, magazine and newspaper ads (domestic and international) for a period of one year. Usage Scenario 2: +$7,500 The client may use the artwork on Aridwear® garments only and in all print media (domestic and international) including but not limited to magazines, newspapers, point-of-purchase displays, posters, and billboards for a period of one year. Usage Scenario 3: +$10,000 The client may use the artwork on garments that have been presented to, and approved, by Aridwear, LLC and in all print and online media for a period of one year. Usage Scenario 4: +$14,000 The client may use the artwork on garments that have been presented to, and approved, by Aridwear, LLC and in all print media, all online media, and broadcast media for a period of one year. Buyout: +$25,000 The client may use the artwork in all media including garments, print, online, and broadcast in perpetuity. MISC: The customer agrees that Aridwear® holds no responsibility for any amendments made by any third party, before or after a design is published. 'Not to Exceed’ requests concerning additional design fees must be submitted in writing and noted on invoice. A separate invoice will be provided for any accrued fees once final design is approved and must be paid and fully processed prior to delivery. Aridwear® is not responsible for any project delays or expenses which may come as a result from a delay of payment. PAYMENTS: No orders will be shipped before final invoice payment is fully processed. Aridwear® is not responsible for any order delays or expenses which may come as a result from a delay of payment or payment processing. Accepted payment methods: Money Order, Personal Check, Business Check, Bank Transfer and Credit Card. Bank transfers require a request for Aridwear® banking information, to be made by the customer. Credit Card payments are subject to a 0.04% processing fee. Checks and Money Orders may be mailed to: Aridwear, LLC 4370 LAWRENCEVILLE HWY STE 1997 LILBURN, GEORGIA 30047 USA Returned checks will incur an additional fee of $50 per returned check. Aridwear, LLC reserves the right to consider an account to be in default in the event of a returned check. ORDER CANCELATIONS: Order cancellations must be received by Aridwear® in writing from the customer.  All cancellations will incur a processing fee of $50.00.  Order cancelation voids any and all concessions and discounts provided for services on the canceled order.  Charges for art/graphics/design services are nonrefundable once final approval of the work has been made by the customer.  No refunds will be provided on orders canceled once any custom product has entered physical production.  Cancellation refunds will not include moneys for work performed up to the time of receipt of written cancellation, 4% credit card processing fee(s) or any shipping costs. RETURNS AND REPLACEMENTS: Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.  Custom products are eligible for replacement only. No refunds will be provided for any custom products returned to Aridwear®.  Custom products are only eligible for replacement if a manufacture‘s defect is present.  Items damaged due to misuse or improper care will not be eligible for return, refund or exchange.  Any item not in its original condition or is damaged for reasons not due to our error will not be eligible for refund, exchange or replacement.  To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.  Only regular priced items may be refunded. Discounted, sale and clearance items cannot be refunded or exchanged.  Gift Item Returns; once the item is received and inspected, in accordance to our return policy, an Aridwear® gift certificate will be emailed to you. To complete your return, we require a written description of the defect and may require an image or images of the defect before issuing an RMA Number. RMA Number must be written and visible on the outside of packaging. Customer is responsible for shipping costs for returning items. Shipping costs are non-refundable. Once your return is received and inspected; Aridwear will send you an email to notification of the approval or rejection of your refund. Approved refunds are processed according to original payment method within a 30 days. Aridwear, LLC assumes no responsibility for items lost or damaged in transit. A trackable shipping service and shipping insurance is suggested. LATE OR MISSING REFUNDS: 1) If you have not received a refund yet, first check your payment account again. 2) Contact your credit card company, it may take some time before your refund is officially posted. 3) Contact your bank. There is often some processing time before a refund is posted. 4) If you have done all of this and you still have not received your refund yet, please contact us directly via email. SHIPPING RMA TO ARIDWEAR®: Mail your product to: Aridwear, LLC 4370 LAWRENCEVILLE HWY STE 1997 LILBURN, GEORGIA 30047 USA