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Sales Disclaimer

Last revised: November 17, 2014

Sales Disclaimer

The following is the terms of the agreement between Tone Printing, LLC (“Company”) and the buyer (“Buyer”) of products or services through the Company’s Website (the “Site”) or with a Company representative. If Buyer does not agree to these terms, Buyer will not be able to purchase anything online or in person, so please review these terms carefully:

Introduction

Buyer agrees to the terms and conditions outlined in this Sales Disclaimer (“Disclaimer”) with respect to the products, services and information provided by or through the Site. Buyer agrees to review this Disclaimer, including the Terms of Use prior to purchasing a product or service. This Sales Disclaimer and the Terms of Use constitute the entire agreement between Buyer and Company with respect to the subject matter contained herein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Setup and Payment

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Disclaimer or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

Copyright

All copyrightable material contained in this website is the copyright © 2014 of Tone LLC.  All rights are reserved.  This copyright covers, without limitation, all text, graphics, artwork, photographs, sound recordings, audiovisual recordings, databases, and computer program contained herein or related thereto; the selection, arrangement, and presentation of the material; and the overall design of the website.  Permanent copying or storage of any such material or the redistribution thereof by any means is not permitted without prior written consent.

Editing, Deleting, and Modification

Company reserves the right, at its sole discretion, to change, modify, add or remove portions of the Disclaimer, at any time. The most current version of the Sales Disclaimer will supersede all previous versions.  It is Buyer’s responsibility to be aware of modifications to this Sales Disclaimer, which will be indicated by a change to the “Last Revised” date above. Buyer’s continued use of the Site following the posting of changes will mean that Buyer accepts and agree to the changes. As long as Buyer complies with the Disclaimer, Company grants Buyer a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any products or services is subject to availability.

Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Disclaimer or use of the Site.

Non-Transferable

Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.

Disclaimer

THE SERVICE, CONTENT, PRODUCTS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF DISCLAIMER, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

Refund Policy

If Buyer believes their print job is defective or has not otherwise met Buyer’s requirements please contact Company, via the online support system, within three (3) business days of receiving Buyer’s order. If Buyer does not contact us within this time frame we will assume that Buyer’s job was satisfactory upon receipt and will be under no obligation to provide a refund or reprint. Once Buyer have contacted us, we will then have seven (7) business days to determine if a reprint or refund is appropriate, or to advise Buyer that more information is needed to process Buyer’s inquiry. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a refund or reprint. The Return Policy sets forth Buyer’s sole and exclusive right to refund.

Use of Information

Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.

Governing law

This Disclaimer shall be treated as though it were executed and performed in United States and shall be governed by and construed in accordance with the laws of the State of California. Any cause of action of Buyer with respect to the Site must be instituted within twelve (12) months after any purchase or be forever waived and barred. The language in this Disclaimer shall be interpreted as to its fair meaning and not strictly for or against any party.

Litigation

All legal proceedings arising out of or in connection with this Disclaimer shall be brought solely in United States and by the laws of the State of California, and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Disclaimer be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Disclaimer, this Disclaimer shall take precedence. Failure of Company to enforce any provision of this Disclaimer shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Acknowledgment

By accessing or otherwise using the Site, Buyer represents and warrant that Buyer is fully able and competent to enter into these terms and Buyer agrees to be bound by them (this provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions, unless Buyer has otherwise entered into an agreement with Company that meets Buyer’s jurisdictional laws).

If Buyer agrees to this Disclaimer on behalf of another person, business or legal entity, Buyer represents and warrants that Buyer has the authority to bind that other person or entity, and any user accessing the Site as a part of that entity, to this Disclaimer, and Buyer’s agreement shall act as the agreement of that other person or entity and each user thereunder. If Buyer does not agree to each term herein or if Buyer does not have the requisite authority to bind, Buyer may not access the Site.