What this Agreement Covers

This Agreement governs your use of the Site and the CA Custom Promo service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.

Intellectual Property Rights of CA Custom Promo and Third Parties

CA Custom Promo is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the CA Custom Promo Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by CA Custom Promo.

CA Custom Promo is the owner of the CA Custom Promo trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by CA Custom Promo from Institutions and other third parties (the "Licensed Marks"). By using the CA Custom Promo Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. CA Custom Promo will notify you of such terms if your usage is in violation of such terms.

Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact CA Custom Promo and verify the legality of reselling such products prior to doing so. Designs created using the text tools and images available through the site are in no way the exclusive property of the customers who assemble such designs. CA Custom Promo retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally, CA Custom Promo has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for CA Custom Promo production.

You agree to not use CA Custom Promo's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Privacy Policy

CA Custom Promo recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the CA Custom Promo Service except that: (i) CA Custom Promo may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary; (ii) CA Custom Promo may provide information about you and your order to its subcontractors; and (iii) CA Custom Promo may share information about you with its marketing partners and affiliates for purposes of marketing CA Custom Promo. CA Custom Promo will not send you unsolicited materials except that customers may receive occasional e-mails to announce changes in the CA Custom Promo service, new features and technical updates.

We contract with a company called Coremetrics to collect and analyze data regarding visitors' usage of our web site. The information collected will be used exclusively for the purpose of understanding and improving our customers' experience with our web site and service. For more information, call 1.800.746.6015

Anti-Sweat Shop Policy

CA Custom Promo supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. CA Custom Promo relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.

Payment Policies

CA Custom Promo accepts online payment via credit card or debit card. All payments sent electronically shall be securely transmitted using Secure Socket Layer ("SSL") technology.

CA Custom Promo may also accept payment via check or purchase order. Qualified Institutions (such as Purchasing Offices) wishing to establish group accounts and utilize purchase orders may set up special payment options by contacting CA Custom Promo.

CA Custom Promo will begin processing orders immediately upon verification that payment has been received.

Shipment/Delivery Times

CA Custom Promo's orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 25% rush charge. Rush orders are delivered within 7 days.

Returns Policy

CA Custom Promo goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, CA Custom Promo accepts returns and will refund payment if and when customers are disappointed by CA Custom Promo merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.

Limit of CA Custom Promo's Responsibility

CA Custom Promo will be responsible for acting only on those instructions sent to CA Custom Promo that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. CA Custom Promo is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. CA Custom Promo is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". CA Custom Promo does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

In no event will CA Custom Promo be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CA Custom Promo, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Indemnity

You agree to defend, indemnify and hold CA Custom Promo and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of CA Custom Promo's Site and the Service, your violation of this Agreement, or your violation of any rights of another.

Authorization Indemnification
By placing an order with CA Custom Promo , you represent and warrant that you have the authority to order, purchase and distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified in your order. You also agree to indemnify, defend and hold harmless CA Custom Promo , its parent, subsidiaries and its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney's fees) arising out of or related to any actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right of such merchandise. This provision will remain in effect after delivery of your order.

Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Arizona and, where applicable, by federal law.