· Clerical errors are subject to correction.
· Please note that all quotes and product information is being provided due to your representation that you (your company/firm) is not engaging in unfair or deceptive trade practices and/or unfair competition as set forth by the governing state and/or federal laws.
· Right To Use Copyrights and Trademarks
You represent and warrant to Logotags that you have the right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from Logotags or its affiliates. You warrant that in obtaining the material and submitting it to Logotags for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold Logotags and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against Logotags by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorneys fees incurred by Logotags in defending against any such suit, demand or claim. The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold Logotags harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Logotags by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Logotags (www.logotags.com)
· BCM shall not be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
· No merchandise can be returned or deductions taken without authorization. All claims must be made within 5 days of receipt of goods, and include a detailed description of the alleged defect.
· Defective material may only be returned to BCM after inspection of samples by BCM and upon receipt from BCM of shipping instructions specific to the defective goods authorized by BCM to be returned. RMA# must be specified on all returned cartons and returning paperwork.
· UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. Our liability shall be limited to the price of the goods. No damages or charges of any kind, either for labor, expenses or otherwise, offered or incurred by the buyer in repairing or replacing defective goods occasioned by them, will be allowed, regardless of whether such products are used singly or as components in other products.
· Orders cannot be cancelled or returned once art has been approved and/or a deposit has been made. Rush orders of any kind cannot be cancelled.
· All tooling and molds will remain the property of Logotags due to proprietary reasons, and can only be used for reorders when requested by the customer or a body that was granted authority by the customer. This is to ensure 100% control of each customer's coin design and how many items are produced during the life of the design.
· Unused die molds are kept for two (2) years from the time of the last production. Unused dies will be discarded after 2 years and new tooling/molds will be needed.
Logotags and Ball Chain Mfg. Co., Inc. reserve the right to reject orders containing wording, pictures, images, etc. deemed to be offensive, threatening, disparaging, etc.
This Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
This policy applies to, and is intended for, the use of persons residing in the United States, and for the delivery of products and services within the United States.
Information Collected on Our Website
We may collect information from you online when you purchase merchandise through our website www.ballchain.com in order to ensure a quality on-line shopping experience. When you purchase merchandise through our website, we will ask you to provide certain personally identifiable information such as your name, shipping address, e-mail address, telephone number(s), credit card number and billing information (name and address for billing if it differs from your shipping address).
LogoTags may collect and use personally identifiable information in a limited number of ways. We may use the information we collect to complete transactions, to track and verify orders, to send you information about promotional or special offers (if you have so requested), and to respond to your inquiries.
We may also ask you for information when you report a problem with our site. If you contact us, we may keep a record of that correspondence.
We may collect the following types of personally identifiable information through our website:
* Information You Give Us: We may collect information you give us, such as your name, shipping address, e-mail address, telephone number(s), credit card number and billing information (name and address for billing if it differs from your shipping address), when you purchase a product or register with us in the "Create an Account" section on our website. We may also collect information about someone other than you, including that person's name, shipping or mailing address, telephone number, and e-mail address when you purchase a gift or perform a similar transaction for the benefit of a third person on our website.
* Information We May Collect Automatically: We may automatically collect certain types of information whenever you interact with us on our website, such as your IP address and the type of Web browser you use. This information may be linked to personally identifiable information if you have registered with us in the "Create an Account" section of our website.
* Information We May Obtain from Other Sources: We may obtain information about you from outside sources and add it to, or combine it with, your personally identifiable information, including information such as:
1. Credit information that allows us to complete transactions of LogoTags products and services;
2. Commercially available demographic and marketing information from third parties that allow us to improve our quality of service to you and inform you of products that may be of interest to you; and
3. Update delivery and address information from our shipping agents and other source, which allows us to maintain current and accurate records to improve our quality of service for your benefit.
Uses Made of the Information
We may use information held about you in the following ways:
* To ensure that content from our site is presented in the most effective manner for you and for your computer.
* To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
* To carry out our obligations arising from any contracts entered into between you and us.
* To allow you to participate in interactive features of our service, when you choose to do so.
* To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods which may be of interest to you, and we or they may contact you about these by e-mail.
Information Shared with Third Parties
We do not share your personally identifiable information with other third parties, with certain exceptions. We may share your information with certain third parties, such as processors of credit card transactions, who help us perform the functions just described. We also may share information when we are legally required to do so, such as in the case of an investigation, legal process, or other legal proceeding. We also may share information to protect against misuse or unauthorized use of our website. In addition, we may share information to limit our legal liability and to protect our rights or property, our website, or the rights or property of our customers or members of the public.
Links to Other Sites
Our Use of IP Addresses and Cookies
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and to report "aggregate information" to our advertisers. "Aggregate Information" is statistical data about our users' browsing actions and patterns that we collect, from which individual customer identities have been removed.
For the same reason, we may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They may help us to improve our site and to deliver a better and more personalized service.
Where We Store Your Personal Data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using secure socket layer (SSL) technology. The encryption process converts the characters that you enter into code that is then securely transmitted over the Internet. When you place an order, a small padlock will appear at the bottom of your browser indicating that any information provided cannot be viewed by a third party.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Making Changes to Your Personal Information
You can access and edit any of the personally identifiable information that you have provided by entering your e-mail address and password and using the "Edit Account Information" feature in the "My Account" section. You may also change your personal information in your account profile.
Our Policy on Contacting You
If you are an existing customer, we will only contact you by electronic means with information about goods similar to those which were the subject of a previous sale to you or where you have consented. You can opt out of receiving such communications from us at any time by e-mailing us at - firstname.lastname@example.org.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
Governing Law and Jurisdiction