1. Acceptance of Terms
Please read these Universal Terms of Services (“TOS”) carefully as they govern your access and use of this website (“Site”) and the products and services provided herein (“Service” or “Services”). These TOS are in addition to (not in lieu of) any specific terms and policies that apply to the Services you purchase or access through the Site, which terms and policies are incorporated herein by reference. The TOS and specific terms and policies referenced herein are collectively the “Agreement”.
We reserve the right to make changes to the Site, the Services and these TOS at any time without prior notice to you. You should therefore review these TOS each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by Scepter Design your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance Scepter Design’s Service offerings will be subject to this Agreement.
2. Use of the Site
You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing Scepter products and services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
Scepter Design assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Scepter Design also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials data text or images from the Site.
You agree to use this Site in a responsible manner that is in compliance with these TOS and your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable or in breach of these TOS or our Acceptable Use Policy. We reserve the right to terminate Your Account and suspend service to you for violations of this section.
By accessing, using and placing orders on the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
3. Your Account, Password and Security
In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Scepter Design will not be liable for any loss or damage arising from your failure to comply with this section.
We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications however doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail. Such notice shall be deemed effective when received by us.
5. Third Party Information and Links to Other Websites
The Site and/or the Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites (“Third Party Information”). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. Scepter Design is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.
6. Intellectual Property
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or services constitute intellectual property owned by Scepter Design or which Scepter Design has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.
7. Notice Specific to Documents Available on this Site
You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.
8. Materials Provided by You
In connection with your use of the Site and the purchase of products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.
You warrant and represent that you have all necessary right to provide User Content and that it does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our websites.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these TOS, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed. Scepter Design does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Scepter Design and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of our use of User Content.
9. Purchases of Products and/or Services; Transfer of Title
Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.
10. Fees and Payments
You agree to pay any and all fees and payments due for Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. Scepter Design will not be liable to you or any third party regarding these Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement otherwise you waive any right to dispute any such discrepancy.
You acknowledge that Scepter Design may use the services of a third party to automatically update your credit card expiration date. These recurring billing or account updating programs “Billing Programs” are supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that Scepter Design may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.
Scepter Design reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for your that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.
Scepter Design expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you. If you have purchased products or services for a fixed time period, changes or modifications in prices and fees will be effective when the product or service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel your Service subscription(s) and terminate your Customer Account however Scepter Design will not be obligated to refund any remaining portion of your pre-paid fees.
If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service.
11. Term and Termination
The term of this Agreement varies according to the Services selected by you when ordering. The following definitions apply to the term:
The “Billing Term” is the time period which determines the frequency of the billing recurring fees.
The “Promotional Service Term” is a period of time within the Initial Service Term during which Services are charged reduced fees or during which additional Services are provided without fee.
Scepter Design reserves the right to immediately terminate the Service for reasonable cause, including but limited to (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement; (iv) requests by law enforcement or other government agencies; (v) we cease to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) we conclude in our sole discretion that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.
12. Disclaimer of Warranties
The Site and the products and services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the products and services is at your sole risk. To the fullest extent permissible pursuant to applicable law, Scepter Design and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Scepter Design and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding the use or the results of the use of the products or services in terms of effectiveness, accuracy or reliability, that they will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.
We will replace any Scepter Design -manufactured product found to contain printing errors caused by Scepter Design or to be defective in workmanship or materials. While Scepter Design takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only. Please note that we do not proof orders created by you prior to processing and we cannot be responsible for spelling, punctuation, grammatical or design errors made by you, or for inferior quality of images uploaded by you. Therefore please preview your selections carefully and correct any mistakes prior to placing your order.
13. Limitation of Liability
SCEPTER DESIGN IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE OR MAINTAIN ANY OF YOUR ACCOUNT DATA OR YOUR CONTENT. IN STATES WHERE THE LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IS NOT ALLOWED, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES SCEPTER DESIGN’S AGGREGATE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SCEPTER DESIGN AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, DIRECT (WITH RESPECT TO YOUR USE OF THE SITE ONLY) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSSES OR LIABILITY RESULTING FROM (i) LOSS OF DATA, LOSS OF REVENUE, ANTICIPATED PROFITS, OR LOSS OF BUSINESS OPPORTUNITY; (ii) THE ACCURACY, COMPLETENESS OR CONTENT OF THE SITE, SERVICES OR ANY THIRD PARTY INFORMATION, (iii) PERSONAL INJURY OR PROPERTY DAMAGES; (iv) ANY UNAUTHORIZED USE OF OR ACCESS TO THE SITE, THE SERVICES, ANY OF OUR SERVERS INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT OR DATA INCLUDING PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON; (v) ANY INTERRUPTION OR CESSATION OF SERVICES RELATED TO THE SITE OR THIRD PARTY SITES; ANY VIRUSES, WORMS, BUGS OR THE LIKE WHICH MAY BE TRANSMITTED TO OR FROM THE SITE OF ANY THIRD PARTY SITE ; (vi) ANY USER CONTENT OR CONDUCT THAT VIOLATES OUR ACCEPTABLE USE POLICY OR ANY OTHER APPLICABLE POLICY; (vii ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE OR THE PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY ACT OR OMISSION BY SCEPTER DESIGN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR ANY PRODUCT OR SERVICE WE PROVIDE TO YOU, THE AGGREGATE LIABILITY OF SCEPTER DESIGN ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, WILL NOT EXCEED AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ACTUALLY PAID TO SCEPTERT DESIGN. IN STATES WHERE THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES SCEPTER DESIGN’S AGGREGATE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR ANY SUCH ACTION WILL BE PERMANENTLY BARRED.
You shall indemnify, defend and hold Scepter Design, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Site or any product or Service ordered via the Site including but not limited to your violation of the Agreements or policies found on the Site or infringement of any third party proprietary rights by you.
15. Jurisdiction and Governing Law
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of United States without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.