1. Introduction and Your Account
Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you ("you") agree to when you access and use this website (the "Website"), and/or purchase from Solutions by Saly, LLC. By placing an order you accept these Terms and you acknowledge these Terms constitute a binding agreement between you and Solutions by Saly, LLC. In addition, you agree to faithfully comply with all rules and requirements that appear during your order process on the Website.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.
If you wish to purchase any products or services through our site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information that you provide to us or our third party payment processor must be accurate, current, and complete. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of products are as set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.
Custom Products refers to personalized products. For Custom Products, no refunds of any nature will be granted once Solutions by Saly, LLC begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged.
See Returns Policy for Non-Custom Products and Shipping Policy in addendum.
3. Content Restrictions for Custom Products
You agree not to use the website or service:
A. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
B. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
C. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
D. To upload or otherwise transmit any material which is likely to cause harm to any Solutions by Saly, LLC service or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any Solutions by Saly, LLC service or which may cause any defect, error, malfunction or corruption to the service; and
E. To upload, order for print, or otherwise transmit or communicate any material that emulates any form of valid indicia or payment for postage.
You agree that if Solutions by Solutions by Saly, LLC, in its sole discretion, determines that any material you upload may not meet these content requirements, Solutions by Saly, LLC may reject your order without explanation. Solutions by Saly, LLC reserves the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order which violates our content restrictions.
In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that Solutions by Saly, LLC will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
4. Suspension and Termination of Access
You agree that Solutions by Saly, LLC may at any time without notice:
A. Refuse to accept your orders for service;
B. Move or suspend any part of the service; or
C. Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Solutions by Saly, LLC 's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Solutions by Saly, LLC to do so.
Solutions by Saly, LLC will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to produce any product, except that Solutions by Saly, LLC will refund to you any amounts paid by you for products not produced.
You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material. You authorize Solutions by Saly, LLC to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. Solutions by Saly, LLC may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.
6. Age and Geographical Requirements
You must be at least 18 years of age to use this website. In addition, Solutions by Saly, LLC only accepts orders that are shipped to locations within the United States of America and its territories.
7. Responsibility for Custom Products Creation and Use
Solutions by Saly, LLC shall not be responsible for the final outcome of a print if the Image you supply is of inferior quality. We will do our best to give you a quality finish but we will not be held responsible for the end product if the Image quality is poor. It is your responsibility to ensure that the size and cropping areas are indicated and, where necessary corrected, after uploading the Image. Solutions by Saly, LLC will print the Image on the product exactly as supplied by you. You acknowledge, however, that colors in the actual printed product cannot be an exact color match to the uploaded Image.
You acknowledge and agree that neither Solutions by Saly, LLC nor any other party connected with the license or manufacture of the custom products will be involved in any way with the design of your order. You must evaluate and bear all risks associated with the use of any of your content and images with the custom product purchased. You are solely responsible for and assume all liability arising from all custom products that you and any other person create or use in connection with the Website. The fact that we produce the custom product does not mean that: (1) we approve or endorse the content of the custom product, (2) the custom product complies with all applicable laws, or (3) you will not incur any liability or harm arising from the custom product.
Furthermore, you agree to refrain from using the Solutions by Saly, LLC services, your customized products, or images of your customized products in any manner that would cause damage to the public reputation of Solutions by Saly, LLC, its employees, shareholders, board members, or partners. In the event that you use or publicly display your customized products, including by display on the Internet, in order to intentionally bring harm to Solutions by Saly, LLC, its employees, shareholders, board members or partners, Solutions by Saly, LLC reserves the right to demand the immediate return of your customized products, to pursue any and all further remedies available to Solutions by Saly, LLC under the law.
9. Compliance with Law
You agree that you will use the Website and any products ordered thereon at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
You agree to indemnify and hold Solutions by Saly, LLC and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your use of the customized products, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.
11. Third Party Links
This Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.
12. Proprietary Rights
This Website, the Solutions by Saly, LLC services, and all software, systems and processes used in connection with the Website and service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are covered by and/or for use with U.S. Patents.
13. LIMITED WARRANTY
WARRANTIES AND DISCLAIMER: MANUFACTURER WARRANTS THAT The Youtensil® AND LEAKALERTOR® (“THE PRODUCTS”) ARE SOLD FREE OF MANUFACTURING DEFECTS FOR NINETY (90) DAYS. MANUFACTURER’S PRODUCTS LIABILITY SHALL BE LIMITED SOLELY TO THE REPLACEMENT OF THE PRODUCTS FOR A PERIOD OF NINETY (90) DAYS AFTER PURCHASE DATE WITH PROOF OF PURCHASE DATE. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, SHALL APPLY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY SUCH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND NINETY (90) DAYS FROM THE DATE OF PURCHASE. MANUFACTURER SHALL NOT BE RESPONSIBLE OR LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COST INCURRED FOR THE USE OF THE PRODUCTS, LOSS OF TIME, LOSS OF PROFITS, INCONVENIENCE, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO PERSONS, BUSINESS OR PROPERTY, WHETHER OR NOT SUCH CLAIMS ARE AS A RESULT OF BREACH OF WARRANTY. THIS WARRANTY DOES NOT EXTEND TO ANY DEFECT OR PROBLEM CAUSED BY ACTS OR OMISSIONS OF YOU OR OTHERS, IMPROPER USE, TAMPERING, ACCIDENTS, ALTERATIONS, OR ORDINARY WEAR AND TEAR BEYOND NINETY (90) DAYS.
14. Disclaimer and limitation of liability
This Website is provided by Solutions by Saly, LLC on an "as is" and "as available" basis. Solutions by Saly, LLC makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Solutions by Saly, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of salability and fitness for purpose to the fullest extent permissible by applicable law. Solutions by Saly, LLC does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SOLUTIONS BY SALY, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SOLUTIONS BY SALY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Amendment of the Terms
Solutions by Saly, LLC reserve the right to amend these Terms from time to time at their sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.
16. GOVERNING LAW AND JURISDICTION
These Terms and the other policies of the Website shall be governed by and interpreted in accordance with the laws of the United States and the State of Pennsylvania. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of the federal and state courts located in the State of Pennsylvania.
These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website on the date of your submission of the order form.
The effective date of these General Terms and Conditions of sale is 19th February 2015.
17. General Information
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
All items purchased through Solutions by Saly, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to products purchased on our website, and supersede all other communications, written or oral, with regard to our products.
18. Copyrighted Images
By uploading image(s), you acknowledge and agree that you have the legal ability and/or permission to use said image. We have the right to flag, refuse to print, or question any image. In the case that we do believe you are using a copyrighted image, we will require the completion of a copyright permission release form before we agree to print. If you own the image(s) in question, we will require the completion of a copyright owner release form.