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| TERMS OF AGREEMENT
By entering into any contract or agreement with Free Logo Design, for products and/or services to be provided by Free Logo Design, including without limitation ordering any products or services through the Free Logo Design web site (hereinafter referred to as your “Contract” with Free Logo Design), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”). For purposes of these Terms and Conditions, references to the products and/or services provided by Free Logo Design shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials and other design services, and any and all future product or service offerings of Free Logo Design. If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Free Logo Design, or Free Logo Design or enter into your Contract with Free Logo Design, or Free Logo Design. These Terms and Conditions are hereby incorporated by reference into your contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract. Free Logo Design reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Free Logo Design shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions. PAYMENT Payment in full for any and all products and services to be provided by Free Logo Design under your Contract is due in advance of the commencement of any delivery of logos and revisions by Free Logo Design. Free Logo Design shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Free Logo Design will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under. In any event, all payments received for logos from Free Logo Design.com are final. Free Logo Design.com will not refund the payment once the final logo files are sent/emailed to you. Unless Free Logo Design cancels or terminates your Contract for a reason other than your breach or non-performance, Free Logo Design shall not refund any portion of your purchase price. Free Logo Design will only refund your money if you cancel the order prior to delivery, or our management team has deemed that Free Logo Design has not delivered services/product in an efficient and effective manner as promised. DELIVERY AND ACCEPTANCE Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Free Logo Design shall deliver your product and/or service to your email which you will specify in the Free Logo Design checkout form. Your logo will be delivered to your email with the Company which you specified in the order form. If there is a mistake or typo in your logo, you are obligated to notify Free Logo Design at info@freelogodesign.com with the requested changes and Free Logo Design will respond with the corrected logos within 7 business days. Free Logo Design will not make changes to your logo after it has been delivered. Any additional logo design changes will have additional costs to be determined by the Free Logo Design staff. PROPRIETARY RIGHTS You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Free Logo Design in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information. Free Logo Design MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Free Logo Design WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION. Free Logo Design MAKES NO GUARANTEE THAT THESE DESIGNS WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Free Logo Design retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Free Logo Design for display and self-promotional purposes, regardless of your acceptance and Free Logo Design’s delivery of the same to you. TERMINATION Free Logo Design reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Free Logo Design, your Contract and/or your access to the Free Logo Design Site web site, at any time and without prior notice. You agree that Free Logo Design shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Free Logo Design web site. In the event that Free Logo Design rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Free Logo Design will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order. DISCLAIMER OF WARRANTIES YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Free Logo Design ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Free Logo Design HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Free Logo Design MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Free Logo Design DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Free Logo Design WILL MEET YOUR EXPECTATIONS. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Free Logo Design OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Free Logo Design TO YOU, EVEN IF Free Logo Design HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Free Logo Design’s LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Free Logo Design’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Free Logo Design UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES. INDEMNIFICATION You agree to indemnify and hold Free Logo Design, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Free Logo Design in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Free Logo Design pursuant to your Contract. COPYRIGHT AND TRADEMARK NOTICES All intellectual property of Free Logo Design, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Free Logo Design in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Free Logo Design is strictly prohibited. Copyright © 2008 by Free Logo Design. All rights not expressly granted herein are reserved. GOVERNING LAW These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Pennsylvania. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions. GENERAL These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Free Logo Design regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Free Logo Design regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Free Logo Design unless otherwise agreed to by Free Logo Design in writing. The failure of Free Logo Design to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. |
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