TERMS AND CONDITIONS OF USE
2. ACCEPTANCE OF TERMS THROUGH USE
By using the Web Site, you signify your agreement to all terms, conditions, and notices contained or referenced in these Terms. If you do not agree to these Terms please do not use the Web Site. We reserve the right, at our discretion, to update or revise these Terms. Please check these Terms periodically for changes. Your continued use of the Web Site following the posting of any changes to these Terms constitutes acceptance of those changes.
3. USER CONDUCT
You agree not to use the Web Site for any unlawful purpose. Further, by providing us with information to be used in designing and printing or otherwise reproducing any of the Products or Services that you order or obtain at the Web Site, you agree that you will not provide any information or content that, when incorporated into a Product or Service, will produce a Product or Service that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language or otherwise violates BetaDesigns' policies, including these Terms;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or
c. infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, without limitation, the logo, trademark, trade dress or proprietary color combination of any professional sports team.
BetaDesigns has the right at its sole discretion to refuse to accept an order for any Product or Service including any content that, in BetaDesigns' judgment, does not comply with these Terms or is otherwise harmful, objectionable, or inaccurate. BetaDesigns is not responsible for any failure or delay in refusing acceptance of such orders.
You agree that your communications with and the information that you provide to the Web Site will not include anything that
i. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
ii. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
iii. impersonates any person or entity, including any employee or representative of BetaDesigns.
4. THIRD PARTY SITES
The Web Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of BetaDesigns, and you acknowledge that BetaDesigns is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by BetaDesigns or any association with its operators.
5. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Web Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by BetaDesigns, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you are granted a limited license to print or download one copy of the materials or content on the Web Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices; subject, however, to any express terms and conditions displayed with such materials or content. Systematic retrieval of data or other content from the Web Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BetaDesigns is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Except as expressly provided above, all rights are reserved.
You further acknowledge and agree that the designs and content of all Products available for purchase on the Web Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You may resell the Products, but except as expressly authorized by BetaDesigns, you agree not to license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Product designs or content. In addition, any use of the Product designs and content for any purpose not expressly permitted in these Terms is prohibited. Except as expressly provided above, all rights are reserved.
As discussed above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Web Site is strictly prohibited without the express written permission of BetaDesigns. Among other things, except to the extent required for the limited purpose of reviewing material on the Web Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Use of any of BetaDesigns’s trademarks as metatags on other Web sites also is strictly prohibited. You may not display this Web site in frames (or any of the content or materials via in-line links) without our express written permission. Permission to use certain content or materials in a manner prohibited by this Section 5 is granted only when certain limited criteria are met. For information on requesting such permission, please contact the Webmaster at
6. USER'S GRANT OF LIMITED LICENSE
a. grant BetaDesigns and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
b. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by BetaDesigns will not infringe or violate the rights of any third party.
7. PURCHASE AND PAYMENT OBLIGATIONS
YOU MUST BE AT LEAST 18 YEARS OLD TO PURCHASE PRODUCTS OR SERVICES. Subject only to exceptions noted herein, ALL SALES ARE FINAL.. You must register using your own name. You must provide a credit or debit card account number that is issued in your name or that you are authorized to use. To purchase Products or Services under a business account, you must be a bona fide employee or independent contractor of that business.
Terms of payment are within BetaDesigns' sole discretion, and unless otherwise agreed to by BetaDesigns, payment must be received by BetaDesigns prior to BetaDesigns' acceptance of an order for the Products or Services. Payment for the Products or Services may be made by credit or debit card. Current prices for the Products and Services are posted on the Web Site at www.BetaDesigns.com. BetaDesigns reserves the right to change prices at any time. Prices posted on the BetaDesigns Web Site on the date that you place your order will apply to your order under this Agreement.
Unless you provide BetaDesigns with a valid and correct tax exemption certificate applicable to the product ship-to location prior to your acceptance of the order, you are responsible for sales and all other taxes associated with the order, except for BetaDesigns' franchise taxes and taxes on BetaDesigns' net income. If applicable, a separate charge for taxes will be shown on the invoice.
Title to the Products passes from BetaDesigns to you on shipment from BetaDesigns' facility. Loss or damage that occurs during shipping is your responsibility.
8. LIMITED WARRANTY
SUBJECT TO THE LIMITATIONS NOTED HEREIN, BetaDesigns WARRANTS THAT IT WILL MANUFACTURE ANY PRODUCT OR PERFORM ANY SERVICE WHICH YOU ORDER (“YOUR PRODUCT”) IN ACCORDANCE WITH THE CONTENT YOU SUBMIT; PROVIDED HOWEVER, WE DO NOT WARRANT THAT THE COLOR OF YOUR PRODUCT WILL MATCH THE COLOR ON YOUR MONITOR, PRINTER OR ANY OTHER DEVICE, OBJECT OR MATERIAL. THIS WARRANTY EXTENDS FOR A PERIOD OF 60 DAYS. IF YOU RECEIVE A PRODUCT THAT DOES NOT COMPLY WITH THIS WARRANTY, PLEASE NOTIFY US WITHIN 60 DAYS BY EMAIL OR TELPHONE. WE WILL DIRECT YOU WHERE TO RETURN YOUR PRODUCT AND, AT OUR OPTION, PROVIDE YOU WITH A REPLACEMENT PRODUCT OR PRODUCTS OR REFUND YOUR MONEY. THIS IS YOUR SOLE REMEDY, FOR BREACH OF WARRANTY OR OTHERWISE HEREUNDER. EXCEPT FOR THIS EXPRESS LIMITED WARRANTIY REGARDING ANY FAILURE ON OUR PART TO REPRODUCE CORRECTLY THE CONTENT SUBMITTED BY YOU, ALL SALES ARE FINAL.
EXCEPT AS EXPRESSLY PROVIDED IN BetaDesigns’ LIMITED WARRANTY, ALL MATERIALS, INFORMATION, SOFTWARE, SERVICES (COLLECTIVELY, THE
"CONTENT") AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE BetaDesigns WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. EXCEPT AS EXPRESSLY PROVIDED IN BetaDesigns’ LIMITED WARRANTIES, THE CONTENT AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BetaDesigns AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE BetaDesigns WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE BetaDesigns WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BetaDesigns, ITS PARENT COMPANY, SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE BetaDesigns WEB SITE, THE PRODUCTS OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BetaDesigns HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BetaDesigns’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by BetaDesigns, you agree to defend, indemnify, and hold harmless BetaDesigns and its subsidiaries and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Web Site, the Products or the Services. BetaDesigns reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BetaDesigns in asserting any available defenses.
11. INTERNATIONAL USE
BetaDesigns makes no representation that materials on the Web Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.
12. CHOICE OF LAW AND FORUM
Under California Civil Code Section 1789.3, if you are a resident of California, you are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Web Site will be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. DISPUTE RESOLUTION
All disputes arising out of or relating to these Terms or your use of the Web Site
(“Disputes”) will be settled by final and binding arbitration conducted in Dallas, Texas, by a neutral arbitrator, in accordance with these Terms and the then-current commercial arbitration rules of the American Arbitration Association. Each party will bear its own expenses, except that the prevailing party may recover the filing costs and the expenses of the arbitrator from the other party. Any award of the arbitrator will be in writing and will state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator will not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. The parties, their representatives and participants and the arbitrator will hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or to obtain or enforce a judgment on an arbitration decision and award. Any Disputes relating to your failure to pay billed charges for the Products or Services are exempt from the requirement of binding arbitration. You agree that BetaDesigns will be entitled to obtain preliminary injunctive relief to enforce any of these Terms against you pending a final determination in arbitration.
14. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BetaDesigns with respect to the Web Site, the Products and the Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BetaDesigns with respect to the Web Site, the Products and the Services. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
BetaDesigns reserves the right, in its sole discretion, to terminate your access to all or part of the Web Site, with or without notice.
Revised May 3, 2003
DALLAS 642489 v1