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Terms of Service

Please read the following Terms of Service carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Black River Imaging, LLC (also referred to as simply "Black River Imaging"). Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Black River Imaging or purchasing Black River Imaging products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Black River Imaging or to purchase Black River Imaging products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Black River Imaging. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Black River Imaging used in the site are trademarks or registered trademarks of Black River Imaging, LLC.

Intellectual Property Infringement

Black River Imaging, LLC respects the intellectual property of others, and we ask the same from our users. Thus, in your use of and interactions with Black River Imaging and our website, you may not upload any image or artwork that contains copyrighted material belonging to others, or any material that infringes upon intellectual property rights of others, without obtaining their prior written consent. Black River Imaging reserves the right, in its discretion, to reject any uploaded image or artwork if we believe it may infringe upon any right of a third party, and/or to terminate the account of any user we reasonably believe may be infringing upon our or any third party’s rights.

If you believe that any Black River Imaging design infringes upon your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm these requirements with respect to copyright claims):>

  1. A physical or electronic signature of a person authorized to act on behalf of  the owner of an exclusive right that is allegedly infringed.
  2. Identification of any copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit  us to locate the material (including URLs to access the material).
  4. Information reasonably sufficient to permit us to contact you about your  complaint, such as an address, telephone number, and, if available, an email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
  6. A statement, sworn under penalty of perjury, that the information in the  notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Intellectual Property Claims -- Black River Imaging, LLC
2525 N Partnership Blvd
Springfield, MO 65803
Phone: 1.888.321.4665
Email: custserv@blackriverimaging.com

Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Black River Imaging disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Black River Imaging does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Black River Imaging does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liabilty

Black River Imaging, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Black River Imaging without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Return Policy

Black River Imaging, LLC has a 100% satisfaction guarantee. If for any reason you are not happy with your order due to quality issues or errors on our end, we will replace your product at any time at no additional cost to you. If you do not want a replacement, we will refund your order for the full amount within 30 days of purchase using the original method of payment. For refunds requested beyond the 30-day period, we will issue a credit in Rewards Points on your account. Rewards Points can be used toward any future orders. Since most of our products are personalized, we cannot accept returns for reasons other than those stated above. If you do have an issue with an order, please contact us at 1.888.321.4665 or email us at custserv@blackriverimaging.com.

Cancellation Policy

Because all orders are processed and printed immediately queued for printing, there is very little time for intercepting an order to cancel before it goes to print. If you do need to cancel your order, please contact Customer Service during regular business hours: Monday – Friday, 8:00 a.m. – 5:00 p.m., CST.

If the order has already been printed and you wish not to cancel it, we may be able to change shipping information or upgrade shipping if needed. If the order has already been printed and you need the order reprinted due to changes you would like to make on the product, we can at that time offer a discount to reorder.

If you are dissatisfied with an order due to an error on our end, we will reprint the order at no additional cost to you or refund your order for the full amount within 30 days of purchase using the original method of payment. For refunds requested beyond the 30-day period, we will issue a credit in Rewards Points on your account. Please contact Customer Service as soon as possible so that we can expedite the corrected order. Orders can only be canceled in their entirety, as it is not possible to cancel an individual item if there are multiple products ordered.

Notice

Black River Imaging, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Black River Imaging.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Black River Imaging products) shall be in the state or federal courts located in Missouri. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Black River Imaging products) must be commenced within one (1) year after the claim or cause of action arises. Black River Imaging's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Black River Imaging may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Black River Imaging or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Black River Imaging, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Black River Imaging is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Black River Imaging reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Black River Imaging in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Black River Imaging, LLC officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Black River Imaging may link to sites operated by third parties. However, even if the third party is affiliated with Black River Imaging, Black River Imaging has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Black River Imaging. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Black River Imaging seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Terms of Sale

Acceptance. The complete and exclusive statement of the terms and conditions of the agreement("Agreement") between the parties for the sale of products by Black River Imaging, LLC to its customer("Buyer") are contained in this document. Buyer agrees to these terms by placing an order. If Buyer has already placed an order and no longer wants to be bound to this Agreement then Buyer must either promptly cancel the order by calling 888-321-4665 M-F 8am-5pm CT US or promptly return the purchase in accordance with Black River Imaging's Return Policy. Any terms proposed by Buyer which are contrary to those set forth in this Agreement and any supplement to or modification of this Agreement by Buyer shall be ineffective unless accepted in writing by an officer of Black River Imaging. The sale of products pursuant to this Agreement shall be completed once Black River Imaging has tendered the Products at the shipping point to Buyer or to a carrier for delivery to Buyer.

Payment Terms. Unless otherwise agreed to by Black River Imaging, LLC, payment authorization must be received by Black River Imaging prior to our acceptance of an order. In instances where Black River Imaging has approved Buyer's credit application, or unless otherwise agreed to by the parties, Black River Imaging shall invoice Buyer upon shipment. Payment is due and payable in full within thirty (30) days from the date of the invoice, unless noted otherwise. All sales, excise and similar taxes (but not income taxes) which Black River Imaging may be required to pay or collect with respect to the products shall be charged by Black River Imaging to and for the account of Buyer.

Shipping Terms. Shipment shall be F.O.B. Black River Imaging's shipping location, the method of shipment selected by Buyer and carrier to be selected by Black River Imaging. Shipping charges may be incurred by Buyer depending upon the method selected or prior agreement. Title and all risks of loss or damage shall pass to Buyer upon delivery to a carrier. Delivery dates are approximate and are based upon prompt receipt of all necessary information from Buyer.

Limitation of Liability. As between Buyer and Black River Imaging, the parties mutually agree to indemnify one another and hold each other harmless from and against any losses, claims, damages or liabilities, to the extent caused by the negligence or other wrongdoing of the indemnifying party and related or arising in any manner out of any transaction, proposal, sale of products, or any other matter (collectively, the "Matters") contemplated by this Agreement. Notwithstanding anything to the contrary in this Agreement, Black River Imaging aggregate liability related or arising out of any Matters shall not exceed the aggregate amount of compensation collected by Black River Imaging with respect to such Matters.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Force Majeure. Neither party shall be liable for damages for any delay in or failure of performance (except as to any payment obligations required under this Agreement) caused by events beyond the reasonable control of either party, including but not limited to acts of God, flood, war, strikes, labor disputes, fire, embargo, governmental action, change in laws or unavailability of materials, if such party gives prompt written notice to the other claiming an event of force majeure.

Choice of Law/Forum. This Agreement shall be interpreted according to the laws of the State of Missouri, except its conflict of laws. Any dispute resolution proceeding arising out of or relating to this Agreement shall be held in, or in a court with jurisdiction over, Springfield, Missouri. In the event a dispute arises between the parties, it is mutually agreed that each party shall pay its own costs and expenses incurred, including without limitation attorney's fees. No legal proceeding shall be brought by Buyer for any breach of this Agreement more than two (2) years from the occurrence of the event.