Acceptance of Terms

Please read these Terms of Use carefully. These Terms of Use govern your access and use of SendAPlaque.com (referred to herein as “Site”). By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

You’ve Been Honored, LLC, DBA SendAPlaque.com (and is further referred to as SendAPlaque.com) reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of SendAPlaque.com and/or its subsidiaries or the copyrighted property of parties from whom SendAPlaque.com has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. SendAPlaque.com reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

User Account, Password and Security

You will receive a password and user account upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to (a) immediately notify SendAPlaque.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SendAPlaque.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through SendAPlaque.com (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from SendAPlaque.com does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SendAPlaque.com.

You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. 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. You agree that you will not upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. SendAPlaque.com may terminate its service to customers found to be using the Site to engage in undesirable activities.
You acknowledge that SendAPlaque.com does not pre-screen submitted Content, but that SendAPlaque.com and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that SendAPlaque.com may review your order and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Without limiting the foregoing, SendAPlaque.com and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to SendAPlaque.com. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content, created by or submitted to, SendAPlaque.com. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither SendAPlaque.com nor any other party involved with the production of any product incorporating such Content assumes that responsibility. SendAPlaque.com production of any product depicting your Content does not indicate that SendAPlaque.com approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize SendAPlaque.com to produce the Products on your behalf.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards.

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to the customer upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification

You agree that you shall indemnify and defend SendAPlaque.com and all parties from whom SendAPlaque.com has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL SENDAPLAQUE.COM OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SENDAPLAQUE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SENDAPLAQUE.COM OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SENDAPLAQUE.COM BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, and use of the Site or access to the Site without SendAPlaque.com express written consent.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to SendAPlaque.com in connection with the operation or content of this Site shall be provided by the submitter and received by SendAPlaque.com on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of SendAPlaque.com. By submitting any such information to SendAPlaque.com, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that SendAPlaque.com shall be free to use such information on an unrestricted basis.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is SendAPlaque.com, a limited liability company organized under the laws of the State of Colorado. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. You and SendAPlaque.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Arapahoe, Colorado.

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