These InNOutSigns.com Business Solutions Terms and Conditions (“Business Solutions Terms”) are between InNOutSigns.com and the person or company using InNOutSigns.com’ online platform (“You,” “Your,” “Client”). By using the Site, purchasing products, or using the Services, You agree to these legally binding Business Solutions Terms, as well as the User Agreement & Policies, Privacy Policy, Content Standards, and other rules on the Site (collectively the “Terms & Conditions”). Together with any InNOutSigns.com Business Solutions Order Form, these Terms comprise a binding agreement (“Agreement”). Both InNOutSigns.com and You are referred to individually as a “Party” and collectively as the “Parties.”
NATURE OF SERVICES
PRODUCT PRINTING:
InNOutSigns.com will arrange for the printing and distribution of products customized with designs, logos, and other assets provided by You (“Client Content”) or designed by InNOutSigns.com (“Customized Products”). Client Content must comply with InNOutSigns.com’ Content Standards.
DESIGN SERVICES:
If requested, InNOutSigns.com will provide design services and may develop materials for inclusion on Customized Products. These materials will be used along with or without Client Content.
ONLINE STORE HOSTING, INVENTORY, AND FULFILLMENT:
If an online store is requested, InNOutSigns.com will host the store on the Site and fulfill orders (“Orders”) for Customized Products. Returns and cancellations will follow the Terms & Conditions.
INVENTORY MANAGEMENT:
InNOutSigns.com may hold purchased products in inventory. InNOutSigns.com will exercise reasonable care in handling and storage but may require You to take possession of inventory at any time. Unclaimed inventory may be disposed of at InNOutSigns.com’ discretion.
RISK OF LOSS:
Title and risk of loss for products pass to You when delivered to the carrier by InNOutSigns.com.
CLIENT RESPONSIBILITIES
ACCOUNT REGISTRATION:
You must register for an account to use the Services, providing accurate and current information. You are responsible for maintaining the confidentiality of Your account information and for all activities under Your account.
DESIGN:
You may provide Client Content for use on Customized Products. InNOutSigns.com reserves the right to modify Client Content as necessary.
LICENSE:
You grant InNOutSigns.com a non-exclusive license to use Client Content for the creation and distribution of Customized Products.
PAYMENT:
InNOutSigns.com will collect payment for all Orders. Invoices must be paid according to the terms provided. Payments to You, if any, will be handled by our service provider.
REPRESENTATIONS AND WARRANTIES
GENERAL:
Both Parties represent that they have the authority to enter into this Agreement and that the Agreement does not conflict with any obligations to third parties.
CLIENT:
You represent that Client Content does not violate any third-party rights and that You have obtained all necessary permissions.
INDEMNIFICATION
Each Party agrees to indemnify the other against any losses or damages arising from a breach of the Agreement.
LIMITATION OF LIABILITY
Except for indemnification obligations, neither Party will be liable for indirect damages. InNOutSigns.com’ liability is limited to the proceeds retained from Orders in any 12-month period.
OWNERSHIP
You retain rights to Client Content, while InNOutSigns.com retains ownership of the Site, Design Service Materials, and other InNOutSigns.com-provided content.
TERM AND TERMINATION
TERM:
The Agreement begins once accepted and continues until terminated.
TERMINATION:
Either Party may terminate the Agreement for convenience with 30 days’ notice or for breach with 5 days’ notice to cure.
SURVIVAL:
Certain sections, such as indemnification and limitation of liability, will survive termination.
ADDITIONAL PROVISIONS
NOTICES:
Notices must be sent by email to Your designated InNOutSigns.com account representative or to [info@InNOutSigns.com].
GOVERNING LAW AND ARBITRATION:
This Agreement is governed by California law. Disputes will be resolved through binding arbitration.
MISCELLANEOUS:
This Agreement does not create a partnership between the Parties. The Agreement represents the entire understanding between the Parties and may be revised by InNOutSigns.com by updating the Site.
ORDER OF PRECEDENCE:
In case of any conflict, the order of precedence is: (a) Business Solutions Terms; (b) Order Form; (c) User Agreement & Policies; (d) Privacy Policy; (e) Content Standards; and (f) other Site rules.