Terms & Conditions
In using this website, using our services, and/or purchasing our products, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing American Law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need-to-know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Federal Law has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than as legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Furthermore, upon purchasing any of our products or services your consent is assumed for our company’s mailing list emails detailing sales offers and other information.
Disclaimer of Warranties. Except for the express warranties provided, WE do not make any warranty, express or implied, with respect to the COMPANY, THE Website, THe products, the services rendered by its personnel, or the results obtained from their work, including, without limitation, any Implied Warranty of Merchantability or Fitness for a Particular Purpose.
Limitation of Liability.
In no event shall WE be liable for any indirect, incidental, or consequential damages including lost profits arising out of or otherwise relating to the SERVICES, PRODUCTS, or performance of the Website or any components thereof, however, caused, even if we have been advised of the possibility of such damages.
Limitation of Remedy.
It will be extremely difficult to determine the actual damages that may result from the failure to perform our duties. YOU AGREE THAT WE ARE EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES WE PERFORM OR THE PRODUCTS WE SELL. IF IT IS DETERMINED THAT WE ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE PRICE YOU PAID US. THESE AGREED UPON DAMAGES ARE NOT A PENALTY. THEY ARE YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY, OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, PRODUCT FAILURE, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
Governing Law, Etc.
This Agreement shall be a contract made under the laws of the State of New York and for all purposes shall be governed by and interpreted in accordance with the laws of the State of New York (except to the extent the same are superseded by federal law). Seller and Buyer hereby expressly submit to the jurisdiction of any federal or state court sitting in the State of New York and specifically in the County of Monroe for purposes of any suit, action, or proceeding arising out of or related to this Agreement.
Product Order Language
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return or exchange.
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 reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We reserve the right to refuse to complete any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, 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, billing address, or phone number provided at the time the order sent to us. 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. 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 in a timely manner.
You are responsible for providing the logos, copy, artwork, slogans, etc. for your advertisement. You represent and warrant that you have the right to use all logos, copy, artwork, slogans, and materials that you provide and that such use will not violate any trademarks, tradenames, patents, or copyrights. You acknowledge and agree that if any action for any infringement of trademark, tradename, patents, or copyrights is commenced that we are not responsible for any such infringement and that you will indemnify and hold us harmless against all such claims.
The client understands and agrees that any of the client’s artwork, logos, copy, prints, designs, text, or other items that are provided by Client to us may be used by Digital HD Advertising and its affiliates for marketing collateral and related uses and you grant Digital HD Advertising a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the artwork, logos, copy, prints, designs, text and any other item provided to us.
The client is responsible for the final review and approval of all artwork, design, and copy of the advertising. Once the client has given such approval we are not responsible for any incorrect information or errors, and no refunds or corrections will be given.
We have no control over shipping and delivery and are not responsible for any errors, or delays.
Personal/Business Checks, Visa, and Mastercard are all acceptable methods of payment. Our Terms are payment in full upon the execution of a Sale or Service Agreement for product advertising. Any balance that remains outstanding by the due date will incur a late payment fee of $9.95. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In the advent of legal action in the process of collection, you agree to pay all costs and expenses of collection, including reasonable attorney’s fees, whether or not litigation is commenced.
Returned checks will incur a $45.00 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement. Consequently, all programming updates and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
All restaurant/Bar drinkware advertising locations are first-come, first-serve, and based on the needs of each location.
We are not responsible for any delays in putting drinkware into rotation at a location, including but not limited to delays due to previous orders or shipments. Locations use drinkware as needed, and we have no control over this timeframe.
The client understands that the execution of a Service Agreement or payment of an invoice/order does not constitute an agreement for exclusivity. This includes but not limited to the different products or services that a restaurant/bar receives from Digital HD Advertising. No business is exclusive to Digital HD Advertising, we represent many clients in many professions and at any time may be providing marketing and advertising services to clients that are directly or indirectly competitors with each other.
Results may vary from client to client and we make no representations, warranties, or guarantees of outcome.
The views and opinions expressed in the advertisement on the products we sell are those solely of the client who ordered them and do not necessarily reflect the views, opinions, official policy, or position of Digital HD Advertising, its client’s, affiliates, subcontractors, or partners. Any content provided by our clients is of their opinion and is not intended to malign any religion, ethnic group, club, organization, company, individual, or anyone or anything.
Direct Mail Services
We provide design, printing service, and mailing preparation services. We DO NOT provide mail delivery services. This service is provided by United States Postal Service (“USPS”). We are not USPS and cannot guarantee the delivery schedules or exact dates of your mailings. Our services are completed when your mail is delivered to the dock of the USPS. If there is a delivery or service issue specific to USPS, we will assist you in coordinating all available resolutions with USPS directly. USPS will require specific and/or verifiable proof of error. A self-certified statement that a postcard was not received is not a verifiable error for USPS.
We use commercially reasonable efforts to meet your expectations and requests, including production and shipping dates. However, quoted and published ship or mail dates are the best estimates and not to be considered guarantees.
We are not responsible for undeliverable or returned pieces on any supplied mailing list data provided by you regardless if we processed NCOA and CASS certifications.
UNDER ABSOLUTELY NO CIRCUMSTANCES WILL POSTAGE BE REFUNDED FOR ANY REASON ONCE AN ORDER HAS BEEN TRANSFERRED TO THE USPS FOR MAILING.
We reserve the right, in our sole discretion, to: i) refuse to provide service to you at any time and for any reason; or ii) print anything we deem improper, offensive, or known to be illegal. You guarantee that you have the legal authority to allow us to use all matter submitted to us by you, including but not limited to the necessary license and permission to use any copyrighted material, trademarks, or graphics. You are solely responsible for the content of all matters submitted to us by you. We are not liable for any damages resulting from a violation of copyright laws or illegal use of trade names or slogans.
Because of differences in equipment manufacturers, including paper, inks, lighting, and other conditions, all print jobs utilize a “pleasing color” spectrum as determined by generally accepted printing trade practices. The color output of your print job is not guaranteed to match any other print order or previously printed copy. We are not responsible for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process.
It is your responsibility to maintain a copy of the original computer files, artwork. We are not responsible for accidental loss or damage to media supplied by you or for errors on supplied artwork furnished by you. We do not always archive your work for longer than it takes to produce the final product. DO NOT send any “one-of-kind” prints or artwork.
Because each print job is created custom for you, it cannot be reused or resold. ALL SALES ARE FINAL.
Claims for defects, damages, or shortages must be timely made by you in writing no later than 10 calendar days after delivery. If no such claim is made, you agree the order and performance tendered by us have been accepted. If a job is unacceptable to you due to true defects in workmanship, and all the materials shipped are returned to us for inspection and confirmation of the defects, we will reprint the job at no cost, or issue a credit for future orders. No cash refunds are offered. Please note that the FULL original order must be returned to us and inspected.
No reprints or credits are offered for the following reasons (these are not considered defects):
Low resolution or low-quality graphics and images as supplied by you
Spelling, punctuation, and grammatical errors from your approved proof
Overprint · Color reproduction
Artwork files that are not created following our or USPS specifications
Variances in color from the conversion of Pantone or RGB colors to CMYK
Errors in user-selected options such as size, quantity, paper, and finish
Duplicate orders submitted by you
Incorrect files uploaded by you
Incorrect file orientation on your provided files.
Cracking on folds
Incorrect or undeliverable shipping address
Termination of Agreements and Refunds Policy
Both the Client and we have the right to terminate any Sale or Service Agreement for any reason, including the ending of services that are currently underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway or after products have been delivered. Any monies that have been paid to us which constitute payment in respect of the provision of unused products or services shall not be refunded.
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely, or error-free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above without your explicit permission.
Links From This Website
We do not monitor or review the content of other party’s websites that are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this website are trademarked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found throughout our website or via Company literature or via the Company’s stated telephone number.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood, pandemic, federal or state mandate, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Our company shall not be held liable for any failure to perform any obligation under an Agreement, which is due to an event or action executed, by one of our partners. This includes, but is not limited to, business failure, temporary closures or changes in hours due to state or federal mandates, change of ownership, breach of contract, or discontinuance of any services, business, or agreement.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States govern these terms and conditions. By accessing this website, and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.