austingraphics.com
Terms of Service
Effective Date: January
2, 2006
Welcome to the Austin Graphics LLC web site, which is located at austingraphics.com™ (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and austingraphics.com™ Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Austin Graphics LLC Service. Use of the Austin Graphics LLC Web Site constitutes acceptance of these TOS. austingraphics.com™ is a Trademark of Austin Graphics LLC., a Texas Limited Liability Corporation. Austin Graphics is a registered trademark of Austin Graphics L.L.C.
Austin Graphics LLC reserves the right to add, delete and/or modify
any of the terms and conditions contained in this TOS, at any time and
in its sole discretion, by posting a change notice or a new agreement
on the Austin Graphics LLC Web Site. In the event of substantive changes
to this TOS, you may be notified by email. If any modification is unacceptable
to you, your only recourse is to not use the Web Site and the austingraphics.com™
Service. Your continued use of the Austin Graphics LLC Web Site following
posting of a change notice or new TOS on the Austin Graphics LLC Web
Site will constitute binding acceptance of the changes.
1. The Austingraphics.com Service.
1.1 Austin Graphics LLC provides a number of Internet-based services
through the Web Site (all such services, collectively, the ("austingraphics.com™
Service"). One such service enables users to submit files for auto
wraps, car wraps, transit wraps, pop signs, pop displays, custom cutouts,
and banners (collectively, "Products"). Austin Graphics LLC
users may create and purchase individual Products for their own use.
1.2 Austin Graphics LLC provides a number of Internet-based services
through the following domains in addition to the ( austingraphics.com™
Service ). auto-fleetwraps.com, carwrapaustin.com, autowrapaustin.com,
weresigns.com, madcowsigns.com, greatamericansignstore, buildyourownsigns.com,
austingraphicsonline.com, goodsignsfast.com, goodsignsquick.com, fastcheapsigns.com
myspeedysigns.com, buycheapsigns.com fatdaddysigns.com, phatdaddysigns.com,
autowrapinstallations.com, autowrapspecialist.com, carwrapinstallations.com,
giganticcoloraustin.com, austinphotoimage.com grandebanners.com, officialautowrap.com,
officialautowraps.com, pro-carwrap.com, pro-carwraps.com, pro-fleetwraps.com,
pro-vehiclewraps.com, qualitycarwrap.com, qualitycarwraps.com, scotchprintwraps.com,
transitwraps.com, wrapinstallations.com, and wrapspecialist.com. All
domains are trademarks of Austin Graphics L.L.C.
2. Use of the Web Site and Austingraphics.com Service.
2.1 Eligibility. Austin Graphics LLC will only knowingly provide
the austingraphics.com™ Service to parties that can lawfully enter
into and form contracts under applicable law. If you are over the age
of 18, you may use the austingraphics.com™ Service and agrees to
be bound by these TOS. The austingraphics.com™ Service is not intended
for persons under the age of 18.
2.2 Compliance with TOS and Applicable Law. You must comply with
all of the terms and conditions of these TOS, the applicable agreements
and policies referred to below, and all applicable laws, regulations
and rules when you use the austingraphics.com™ Service and the
Web Site.
2.3 Your License to Use the Web Site and the austingraphics.com Service.
(a) Austin Graphics LLC solely and exclusively owns all intellectual
property and other rights, title and interest in and to the austingraphics.com™
Service and Web Site, except as expressly provided for in these TOS.
For example and without limitation, Austin Graphics LLC owns the Service
Mark "The Auto Wrap Specialist"(SM), the copyrights in and
to the Web Site, and certain technology used in providing the austingraphics.com™
Service. Austin Graphics® is a Registered Trademark of Austin Graphics
L.L.C. you are strickly prohibited from use of this trademark in any
form to include search engine keywords. You will not acquire any right,
title or interest therein under these TOS or otherwise.
(b) Austin Graphics LLC grants you a limited revocable license to access
and use the Web Site and the austingraphics.com™ Service for its
intended purposes, subject to your compliance with these TOS. This license
does not include the right to collect or use information contained on
the Web Site for purposes prohibited by Austin Graphics LLC; to compete
with Austin Graphics LLC; create derivative works based on the content
of the Web Site; or download or copy the Web Site (other than page caching).
If you use the Web Site in a manner that exceeds the scope of this license
or breach this TOS, Austin Graphics LLC may revoke the license granted
to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER
APPLICABLE STATE OR FEDERAL LAW.
(c) This Section 2.3 does not pertain to your intellectual property
rights. For information regarding your intellectual property rights,
please see Section 4.1.
2.4 Third-Party Services. Austin Graphics LLC may use third parties
to provide certain services accessible through the Web Site. Austin
Graphics LLC does not control those third parties or their services,
and you agree that Austin Graphics LLC will not be liable to you in
any way for your use of such services. These third parties may have
their own terms of use and other policies. You must comply with such
terms and policies as well as these TOS when you use these services.
If any such terms or policies conflict with Austin Graphics LLC's TOS,
agreements or policies, you must comply with Austin Graphics LLC's TOS,
agreements or policies, as applicable.
3. General Rules.
3.1 Prohibited Use. You may only use the austingraphics.com™
Service as expressly permitted by Austin Graphics LLC. You may not cause
harm to the Web Site or the austingraphics.com™ Service. Specifically,
but not by way of limitation, you may not: (i) interfere with the austingraphics.com™
Service by using viruses or any other programs or technology designed
to disrupt or damage any software or hardware; (ii) modify, create derivative
works from, reverse engineer, de compile or disassemble any technology
used to provide the austingraphics.com™ Service; (iii) use a robot,
spider or other device or process to monitor the activity on or copy
pages from the Web Site, except in the operation or use of an internet
"search engine", hit counters or similar technology; (iv)
collect electronic mail addresses or other information from third parties
by using the austingraphics.com™ Service; (v) impersonate another
person or entity; (vi) use any meta tags, search terms, key terms, or
the like that contain Austin Graphics LLC's name or trademarks; (vii)
engage in any activity that interferes with another users ability to
use or enjoy the austingraphics.com™ Service; or (viii) assist
or encourage any third party in engaging in any activity prohibited
by these TOS.
3.2 Prohibited Use Promise. By using the Austin Graphics LLC
Web Site, you are promising that you are not using the austingraphics.com™
Service or the Web Site for any of the Prohibited Uses.
4. Use of Your Content.
4.1 Licensing Your Content to Austin Graphics LLC. You will retain
ownership of the Content that you upload to the Web Site. You hereby
grant to Austin Graphics LLC a royalty-free, worldwide, transferable,
non exclusive, right and license to use such Content, in all media existing
now or created in the future, as Austin Graphics LLC deems necessary
to provide the austingraphics.com™ Service for so long as your
Content remains uploaded to the Web Site. Austin Graphics LLC may sublicense
the rights that you grant it in this Section to a third party subcontractor
only for purposes of producing your Products and providing the austingraphics.com™
Service.
5. Reservation of Rights.
5.1 Monitoring. Austin Graphics LLC reserves the right, but does
not assume the obligation, to monitor transactions and communications
that occur through the Web Site. If Austin Graphics LLC determines,
in its sole and absolute discretion, that you or another Austin Graphics
LLC user will breach a term or condition of these TOS or that such transaction
or communication is inappropriate, Austin Graphics LLC may cancel such
transaction or take any other action to restrict access to or the availability
of any material that may be considered objectionable, without any liability
to you or any third party.
5.2 Modification of the Service. Austin Graphics LLC may modify
the austingraphics.com™ Service at any time with or without notice
to you, and will incur no liability for doing so.
6. Submissions.
When you submit questions, comments, suggestions, ideas, message board
postings, material submitted via web forms, contest entries, communications
or any other information ("Submissions"), you grant Austin
Graphics LLC permission to use such Submissions for marketing and other
promotional purposes, including the right to sublicense. You agree that
Austin Graphics LLC will have no obligation to keep any Submissions
confidential. You will not bring a claim against Austin Graphics LLC
based on "moral rights" or the likes arising from Austin Graphics
LLC's use of a Submission. This Section does not apply to your Content
that will appear as part of your product that you use in connection
with austingraphics.com Service.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and
warrant to Austin Graphics LLC and Austin Graphics LLC represents and
warrants to you: (i) that you or it has the full power and authority
to enter into and perform under these TOS, (ii) the execution and performance
of your or its obligations under these TOS do not constitute a breach
of or conflict with any other agreement or arrangement by which you
or it is bound, and (iii) these TOS are a legal, valid and binding obligation
of the party entering into these TOS, enforceable in accordance with
their terms and conditions.
7.2 By You. You represent and warrant to Austin Graphics LLC
that, in your use of the austingraphics.com Service, you: (i) will not
infringe the copyright, trademark, patent, trade secret, right of privacy,
right of publicity or other legal right of any third party and (ii)
will comply with all applicable laws, rules, and regulations. You further
represent and warrant to Austin Graphics LLC that: (i) there are no
claims, demands or any form of litigation pending, or to the best of
your knowledge, threatened with respect to any of your Content; (ii)
Austin Graphics LLC will not be required to make any payments to any
third party in connection with its use of your Content, except for the
expenses that Austin Graphics LLC incurs in providing the austingraphics.com
Service; (iii) the use of any instructions, formulae, recommendations,
or the like contained in your Content will not cause injury to any third
party; and (iv) your Content does not contain viruses or any other programs
or technology designed to disrupt or damage any software or hardware.
8a. Disclaimers and Exclusions.
8a.1 DISCLAIMER OF WARRANTIES. AUSTIN GRAPHICS LLC PROVIDES THE
WEB SITE AND AUSTINGRAPHICS.COM™ SERVICE ON AN "AS IS"
AND "AS AVAILABLE" BASIS. AUSTIN GRAPHICS LLC DOES NOT REPRESENT
OR WARRANT THAT THE WEB SITE, AUSTINGRAPHICS.COM™ SERVICE OR ITS
USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR
ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE
CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. AUSTIN GRAPHICS
LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS,
AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
AND NON-INFRINGEMENT.
8a.2 EXCLUSION OF DAMAGES. AUSTIN GRAPHICS LLC WILL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS,
LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED
WITH THE USE OF THE AUSTINGRAPHICS.COM™ SERVICE, BASED ON ANY CAUSE
OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8b. Limitation of Liability.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S
REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH
YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY
OF AUSTIN GRAPHICS LLC EXCEED THE VALUE OF PRODUCTS RECEIVED OR SERVICES
RENDERED. THE VALUE OF PRODUCTS OR SERVICES ARE LIMITED TO THE STATED
VALUE ON THE AUSTIN GRAPHICS LLC WEB SITE OR AS STATED BY AN AUTHORIZED
AUSTIN GRAPHICS LLC AGENT.
9. Indemnification.
You must indemnify and hold Austin Graphics LLC and its employees, representatives,
agents, affiliates, directors, officers, managers and shareholders (the
"Parties") harmless from any damage, loss, or expense (including
without limitation, attorneys' fees and costs) incurred in connection
with any third-party claim, demand or action ("Claim") brought
against any of the Parties alleging that you have breached any of these
TOS through any act or omission. If you have to indemnify Austin Graphics
LLC under this Section, Austin Graphics LLC will have the right to control
the defense, settlement, and resolution of any Claim at your sole expense.
You may not settle or otherwise resolve any Claim without Austin Graphics
LLC's express written permission.
10. Termination.
10.1 Termination. Austin Graphics LLC may suspend or terminate
your use of the Web Site or austingraphics.com™ Service if it believes,
in its sole and absolute discretion, that you have breached a term of
these TOS.
10.2 Survival. Notwithstanding Section 10.1 above, these TOS
will survive indefinitely unless and until Austin Graphics LLC chooses
to terminate them.
10.3 Effect of Termination. If you or Austin Graphics LLC terminates
your use of the Web Site or the austingraphics.com™ Service, Austin
Graphics LLC may delete any Content or other materials relating to your
use of the austingraphics.com™ Service on Austin Graphics LLC's
servers or otherwise in its possession and Austin Graphics LLC will
have no liability to you or any third party for doing so.
11. Notice.
All notices required or permitted to be given under these TOS will be
in writing and delivered to the other party by any of the following
methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic
mail. If you give notice to Austin Graphics LLC, you must use the following
addresses: 2100 Kramer Lane, Suite 100. Austin, Texas. 78758. quote@austingraphics.com.
If Austin Graphics LLC provides notice to you, Austin Graphics LLC will
use the contact information provided by you to Austin Graphics LLC.
All notices will be deemed received as follows: (i) if by delivery by
U.S. mail, seven (7) business days after dispatch, (ii) if by overnight
courier, on the date receipt is confirmed by such courier service, or
(iii) if by electronic mail, 24 hours after the message was sent, if
no "system error" or other notice of non-delivery is generated.
If applicable law requires that a given communication be "in writing,"
you agree that email communication will satisfy this requirement.
12. Dispute Resolution.
All disputes arising out of, relating to or connected with these TOS
or your use of any part of the austingraphics.com™ Service will
be exclusively resolved under confidential binding arbitration held
in Travis County, Texas before and in accordance with the Rules of the
American Arbitration Association, by a sole arbitrator applying Texas
law (without regard for conflicts of law principles). The arbitrators
award will be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under these TOS will be joined to an arbitration
involving any other party subject to these TOS, whether through class
arbitration proceedings or otherwise. Any action to enforce an arbitrators
award will be brought in a federal or state court located in Austin
Travis County, Texas. Each party hereby irrevocably submits to the personal
jurisdiction of the Federal courts in Austin, Travis County Texas. By
entering into these TOS, you hereby irrevocably waive any right you
may have to join claims with those of others in the form of a class
action or similar procedural device. Any claim arising out of, relating
to or connected with these TOS or your use of any part of the austingraphics.com™
Service must be asserted individually. Notwithstanding anything to the
contrary in this Section 12, Austin Graphics LLC may seek equitable
relief, including, without limitation, injunctive relief and specific
performance, without the requirement of posting a bond or other security
or proving money damages are insufficient, from a court of competent
jurisdiction.
13. Miscellaneous.
These TOS will be binding upon each party hereto and its successors
and permitted assigns, and governed by and construed in accordance with
the laws of the State of Texas without reference to conflict of law
principles. These TOS will not be assignable or transferable by you
without the prior written consent of Austin Graphics LLC. These TOS
(including all of the policies and other Agreements described in this
TOS, which are hereby 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 under these TOS
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 Austin Graphics LLC are independent contractors, and no agency,
partnership, joint venture, or employee-employer relationship is intended
or created by these TOS. The invalidity or unenforceability of any provision
of these TOS will not affect the validity or enforceability of any other
provision of these TOS, all of which will remain in full force and effect.
Last Revised 04-07-2007