Terms of service

TERMS OF SERVICE

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US.

This website is operated by Merchology, LLC, a Minnesota limited liability company (“we”, “us” and “our”). We offer this website, including all information, tools, products and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

1. Acceptance of these Terms of Service

By visiting this website and/or purchasing something from us, you agree to be bound by the following terms and conditions (the “Terms of Service,” including any additional terms, conditions, and policies referenced herein and/or available by hyperlink, each of which are incorporated herein by reference). These Terms of Service apply to all users of this website, including without limitation users who are browsers, vendors, customers, or merchants.

By accessing or using any part of this website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access this website or use any services thereon.

By agreeing to these Terms of Service, you represent that (a) you are at least the age of majority in your state or province of residence, or (b) that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.

To access and use certain services available through this website, you may be required to have a user account with us, and you must agree to be bound by additional terms contained there. Unless otherwise provided, the additional terms will control if there is a conflict between these Terms of Service and the additional terms.

2. Collection of Visitor Information on this Website

Any information collected at this website and the purposes for which we may use this information are set forth in our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using this website, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.

3. Changes to these Terms of Service.

We may change these Terms of Service without notice to you. Your access or use of this website following the date on which changes to these Terms of Service or the Privacy Policy are published in this location shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Service or the Privacy Policy. It is your responsibility to check this page periodically for changes.

4. Errors, Inaccuracies and Omissions

Information on this website may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, promotions, offers, product shipping charges, transit times, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any this website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to this website, should be taken to indicate that all information in this website has been modified or updated.

We strive to display as accurately as possible the colors and images of our products that appear on this website. However, please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

5. Modifications to and Maintenance of this Website and Prices

All descriptions of products, services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify, suspend, terminate or discontinue the operation of this website or the provision of any service (or any part or content thereof) without notice to you. We reserve the right to refuse service to anyone at any time, with or without cause. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of this website.

6. Products or Services

The prices displayed on this website are in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling charges, or taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

We will deliver the items you order at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, in accordance with the customer´s chosen delivery option and our shipping policies listed on our website. Any lead time given is estimated.

All items purchased from this website 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 the carrier.

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of our offer to sell. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this website is void where prohibited.

By placing an order that includes embroidery, you agree to be held liable for the setup charges of said embroidery in the event the order is cancelled. You will be provided with the DST embroidery file for the work that has been completed.

7. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or otherwise on this website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Payment
We may use a third party to manage or process payments made by you on this website. You authorize us and any payment processing service provider we may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through this website. You are responsible for all uses of your credit card, debit card, or any other payment means used in or under your name or account. Unless otherwise specified, all amounts paid to us are nonrefundable.

9. Return Policy

We do not accept exchanges. The only returns we accept are for defective apparel or defective decoration (embroidery, printing, etc.). If you’re unhappy with your order because the product is defective or the imprint quality isn’t what you expected, contact our Customer Service team at orders@merchology.com and we will find a suitable resolution. We must be notified of all issues within 30 days from the date of purchase.

10. Copyright, Trademark and Other Intellectual Property Rights

All content, software, and technology included on this website or used in the operation of this website is the owned or licensed property of us or our content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website is our exclusive property and protected by U.S. and international copyright laws. We grant you permission to view and use content, software, and technology generally made available to visitors to this website in connection with your own personal, noncommercial use of this website in accordance with the guidelines, instructions, and limitations described on this website. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this website is strictly prohibited without our written permission.

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this website are registered and unregistered Trademarks of ours and other parties. Nothing on this website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this website, without the prior written permission of the Trademark owner or us. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

All other intellectual property rights related to the content, software, and technology included on this website or used in its operation are our owned or licensed property. Any use of these rights without our prior written permission is strictly prohibited.

We or our licensors own and reserve all right, title, and interest in and to this website. These Terms of Service do not grant you any rights in or to this website or any of its components except for the limited rights to use this website expressly granted by these Terms of Service.

11. Restrictions.

You may not: (i) reproduce, modify, prepare derivative works based upon, translate, tamper with, distribute, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit this website except as expressly permitted by us; (ii) reverse engineer, disassemble, or decompile this website or apply any other process or procedure to derive the source code of any software included in this website; (iii) use this website in a manner that interferes with other users' use of this website; (iv) link to, mirror or frame any portion of this website; or (v) attempt to gain unauthorized access to or impair any aspect of this website or its related systems or networks.

12. Additional Prohibited Activities and Visitor Obligations

Without limiting any other provision in these Terms of Service, you agree not to do, or assist others to do, the following:

violate any applicable law or regulation;
upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
Post any publicly available content that is subject to any disclosure restrictions;
Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
use this website for any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
interfere with or otherwise limit the use of this website by other users;
collect, compile, or store personal information about other users of this website;
disrupt or interfere with the security of, operation of, or otherwise cause harm to, this website or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this website or any affiliated or linked sites;
modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter this website;
use this website in a manner that could cause us to violate any law, rule or regulation;
use any robot, spider, scripts, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on this website or the content contained therein without our prior, express, and written permission; or
or this website for your own commercial purposes without our prior, express, and written permission.

13. User Content; Monitoring Activity

You agree that you are solely responsible for the Post of any content, files or information that you make available on or send through this website (“User Content”). By the Post of User Content to this website or transmitting User Content through this website, you hereby grant to us an irrevocable right to copy, display, and use your User Content in connection with our operation of this website and/or the provision of services to you. By the Post of User Content to this website or transmitting User Content through this website, you represent and warrant that: (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content and to grant us the rights you grant in these Terms of Service, and the User Content does not violate or infringe the rights of any other person or entity; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and use and the Post thereof in connection with this website, does not and will not violate these Terms of Service or any applicable local, state, national or international statute, regulation, or law.

Although we have no obligation to screen, edit or monitor any of the User Content or user conduct on this website, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on this website at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense, and expressly acknowledge that we may delete or purge any User Content at any time and without any notice or obligation to anyone.

14. Reviews

This website may provide you with the opportunity to tell us and other users what you think about our, products and services (“Reviews”). If you create and Post a Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Reviews are strictly the opinion of the user posting such reviews, and we do not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Reviews shall not in any respect whatsoever modify any of our warranty disclaimers, limitations or obligations. You agree that you are solely responsible for your use of Reviews, and that you use the Reviews at your own risk.

15. Web Chat

We may provide functionality on this website that allows you to chat with us or our representatives via this website (“Web Chat”). Your Web Chat on the website shall not in any respect whatsoever modify any of our warranty disclaimers, limitations or obligations. You bear full responsibility for all contents, phrases and entries submitted by you in connection with your use of Web Chat.

16. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through this website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through this website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

17. Links to Other Web Sites

This website may contain links to other websites. Additionally, other websites may contain links to this website. We do not review or monitor the websites linked to this website and we are not responsible for the content or policies of any other websites. Any link established by us does not constitute an endorsement of the other websites or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other website. Where this website contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

18. Disclaimer of Warranties

THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL ITS CONTENT, ANY PRODUCTS, SERVICES, OR INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT THIS WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THIS WEBSITE ARE APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

NOTHING IN THESE TERMS OF SERVICE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS WEBSITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS WEBSITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

19. Limitation of Liability

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THIS WEBSITE OR ANY PRODUCTS OR SERVICE PROCURED USING THIS WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THIS WEBSITE EXCEED FIVE UNITED STATES DOLLARS (USD $5.00).

20. Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) that we or they incur or suffer which relate to or arise out of any claim concerning your use of this website, your failure to perform any of your obligations under these Terms of Service, or your breach of any of your agreements, representations or warranties made under these Terms of Service.

21. Termination.

Your license to use this website and our obligations under these Terms of Service will automatically terminate if you fail to comply with any provision of these Terms of Service or if the reason you were granted access to this website terminates. No notice will be required from us to effectuate such termination. Upon termination of these Terms of Service, all of your rights to use this website shall terminate immediately and we may delete or remove your account and related data.

22. Feedback

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us on this website, by a Post or otherwise (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

23. General Provisions

English has been used in the preparation of these Terms of Service, and English shall be the controlling language with respect to these Terms of Service and their interpretation. Any and all communications relating to this website must be in the English language.

Any failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or the right to enforce same.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Service, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Service; (ii) agree not to commence any litigation arising out of or relating to these Terms of Service except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; (iv) agree that any and all disputes, claims, and causes of action arising out of or relating to these Terms of Service shall be resolved individually, without resort to any form of class ‎action or other consolidation or joining of claims of other parties who may have similar claims; and (v) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Service.

Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Service, including without limitation this section and the warranty disclaimers and liability exclusions above. Use of this website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction.

You are responsible for compliance with applicable laws.

24. Contact Information

For questions or comments about this website or these Terms of Service, please use the Contact Us feature on our website or email us at sales@merchology.com.

Last updated: March 15, 2024

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