TERMS AND CONDITIONS OF USE
1. INTRODUCTION
Welcome to the FASTSIGNS® web site which is owned by FASTSIGNS® National Advertising Council, Inc. (“NAC”). Via this web site, NAC and independent franchisees of FASTSIGNS® International Inc. (“FII”) and their affiliates, subsidiaries, and predecessors in interest (collectively referred to as “FASTSIGNS®”) provide customers with a wide variety of Internet signage services, online design tools and other services to create customized signage products, as well as shipping of finished products (collectively the “Services”).
2. ACCESS TO THE WEB SITE
The use of this web site and the provisions of Services through it is governed by the terms and conditions set forth below. Please read them carefully. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, including the FASTSIGNS® Privacy Policy, which is posted on this web site and is fully incorporated by reference into these Terms and Conditions of Use. If you do not or cannot agree to these terms and conditions, please do not use this web site or any of the Services offered through this web site. NAC reserves the right, in its sole discretion, to make modifications, alterations, additions, or updates to this web site and these terms and conditions at any time. Such modifications, alterations, additions and updates will be effective immediately and incorporated into these terms and conditions upon notice thereof, which may be given by any reasonable means including by posting to this web site. Whenever you access this web site, you accept the affirmative obligation to review whether these terms and conditions have changed, and your continued use of this web site shall be deemed an acceptance and agreement to be bound by such modifications, alterations, additions, or updates. We hope that you find this web site and our services useful and come back to visit the web site often.
3. REGISTERING TO USE THE WEB SITE
In consideration of your use of this web site, you agree to:
• Provide true, accurate and complete information about yourself on the web site registration form, and
• Update this information as necessary to ensure its accuracy.
During the registration process, you will be prompted to select a password and an account designation. You should select a personal password that you will remember. We recommend at least six characters. To maximize your level of protection, you should choose a combination of both letters and numbers. You are responsible for maintaining the confidentiality of the password and account designation and you are responsible for all activity that occurs under your account.
4. SITE SECURITY
The web site has security measures in place to protect against the loss, misuse or alteration of the information under our control. Although we cannot guarantee against any loss, misuse, unauthorized disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences.
Because your credit card security is a high priority, we have taken numerous steps designed to ensure that your payment information is processed confidentially, accurately, and securely. FASTSIGNS® uses Secure Sockets Layer (“SSL”), and encryption technology that is designed to protect your credit card information. SSL encrypts all ordering information (name, address, credit card number) so no one can read it as it travels over the Internet.
5. OUR OWNERSHIP OF THE INTELLECTUAL PROPERTY ASSOCIATED WITH THIS WEB SITE
All content on this web site and the Services offered on the web site are the property of FII, NAC, and/or their licensors, and are subject to U.S. and international copyright, trademark and other proprietary rights and intellectual property rights laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from this web site is permitted except expressly in accordance with these terms and condition or with express written permission of NAC, FII and any other applicable owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from this web site. All rights not expressly granted hereunder are expressly reserved to us and/or our licensors.
6. YOU AGREE THAT YOUR USE OF THIS WEB SITE DOES NOT VIOLATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS
You may not, and by using this web site you agree not to, use this web site to : (i) transmit or post material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post material that is protectable trade dress or that reveals trade secrets, unless you own the trade dress or trade secret or have the permission of the owner to so transmit them; or (iii) transmit or post material that infringes on any intellectual property rights of others or violates the privacy rights of others.
You agree not to use the web site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the web site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the web site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the web site.
By submitting a design or logo for placement on a sign or other materials, you warrant and represent that you are the sole, legal owner or licensee of all rights to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design or logo. Further, you warrant and represent that no part of the design or logo: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent FASTSIGNS® from legally reproducing the images or text submitted.
7-A. TERMS AND PROCEDURES FOR ORDERING SIGNAGE FROM THE FASTSIGNS NAP
A. Placing Your Order
During the ordering process, you will be prompted to select the FASTSIGNS® center that you wish to have produce your signage. Whenever possible, we will endeavor to honor your selection. However, we have the right to assign all or a portion of your order to another FASTSIGNS® center or centers in our sole discretion. Also, during the ordering process, you have the option of selecting the FASTSIGNS® center nearest you for the fulfillment of your order. The software utilized for this function is provided by a third party, and we cannot guaranty that it will accurately select the FASTSIGNS® center nearest to you.
B. Order Changes
FASTSIGNS® will make every effort, upon your request, to change your order. If the order has not yet started the production process, no additional change fees will be applied. In the case of changes, the setup fees may vary from the original quote depending on your requirements.
If the order has reached the pre-production set up phase, there may be change charges that apply. If an item has begun production, we cannot stop or change the order.
C. Order Cancellations
You cannot cancel an order (or part of an order) if any of the items in the order have reached the pre-production set up phase. Therefore, you should thoroughly review these terms and conditions before you place an order.
D. Payment
FASTSIGNS®’ standard payment terms are cash in advance or prepayment by Visa or MasterCard credit card. Businesses with gross revenues in excess of $1 million dollars in the past fiscal year or that have received trade or other business credit may be eligible for trade credit from FASTSIGNS®. You hereby authorize FASTSIGNS® to perform or obtain a credit investigation based on your order profile and to receive and exchange credit information on you. You understand and agree that the findings of this investigation may result in denial of a line of credit or credit account, and FASTSIGNS® may then require you to make a deposit, a prepayment, or provide other security, or even terminate our relationship regardless of activity status. If you meet our minimum credit standards, your Account Representative will inform you regarding the amount of your initial credit line. Customers with a credit account will be invoiced when the last item in your order is shipped. All payments subject to trade credit are due and payable in full thirty (30) days from the date of invoice.
If you have or FASTSIGNS® subsequently establishes a trade credit account for you, FASTSIGNS® may suspend or revoke your credit line under any one or more of the following conditions: If you have or FASTSIGNS® subsequently establishes a trade credit account for you, FASTSIGNS® may suspend or revoke your credit line under any one or more of the following conditions:
• If your account is over thirty (30) days past due;
• If a check is returned for Non-Sufficient Funds;
• In the event that any of your debt is turned over to a third party for collection;
• If the combined amount of multiple orders exceed your approved credit limit; or
• At the sole discretion of FASTSIGNS®.
You agree to indemnify and hold harmless NAC, FII the franchisees of FII and their respective affiliates, officers, directors, employees, attorneys and agents from and against any and all liability, loss or damage of any kind, including, without limitation, reasonable attorneys’ fees and costs, that any of them may incur in connection with or related to any credit investigation or exchange of credit information authorized herein.
You agree to pay FASTSIGNS® all sales or other taxes imposed on the sale of our goods or services unless you have provided a tax-exempt certificate that is acceptable to us.
If a check you have provided to us is returned for Non-Sufficient Funds, we will assess and you agree to pay a $50 fee. If your account has a past-due balance, FASTSIGNS® may assess and you agree to pay a finance charge of 1.5% per month or the maximum amount otherwise permitted by law. You agree to pay all FASTSIGNS®’ reasonable attorneys’ fees and all collection agency fees incurred in the collection of any amount you owe pursuant to this agreement and have not paid when due.
E. Shipping/Delivery
Your signage will be produced at one of our FASTSIGNS® centers or selected vendors. Orders are shipped FOB from their point of manufacture.
If a shipment containing your signage is refused by you or your agent, FASTSIGNS® will, if possible, and at your request, return the shipment to you at your expense. If you refuse to accept any shipment, you are responsible for and will reimburse FASTSIGNS® for all costs and fees of any type connected with the shipment and legal disposal of the shipment.
FASTSIGNS® DOES NOT GUARANTEE THE SHIPMENT AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, FASTSIGNS® DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE SIGNAGE.
7-B. TERMS AND PROCEDURES FOR ORDERING SIGNAGE FROM INDIVIDUAL FASTSIGNS® CENTER (“Center”)
A. Placing Your Order
By placing this order you have selected the FASTSIGNS® center that you wish to have produce your signage.
B. Order Changes
Center will make every effort, upon your request, to change your order. If the order has not yet started the production process, no additional change fees will be applied. In the case of changes, the setup fees may vary from the original quote depending on your requirements.
If the order has reached the pre-production set up phase, there may be change charges that apply. If an item has begun production, Center cannot stop or change the order.
C. Order Cancellations
You cannot cancel an order (or part of an order) if any of the items in the order have reached the pre-production set up phase. Therefore, you should thoroughly review these terms and conditions before you place an order.
D. Payment
FASTSIGNS®’ standard payment terms are cash in advance or prepayment by Visa or MasterCard credit card. Businesses with gross revenues in excess of $1 million dollars in the past fiscal year or that have received trade or other business credit may be eligible for trade credit from Center. You hereby authorize Center to perform or obtain a credit investigation based on your order profile and to receive and exchange credit information on you. You understand and agree that the findings of this investigation may result in denial of a line of credit or credit account, and Center may then require you to make a deposit, a prepayment, or provide other security, or even terminate our relationship regardless of activity status. If you meet our minimum credit standards, your Account Representative will inform you regarding the amount of your initial credit line. Customers with a credit account will be invoiced when the last item in your order is shipped. All payments subject to trade credit are due and payable in full thirty (30) days from the date of invoice.
If you have or CENTER subsequently establishes a trade credit account for you, Center may suspend or revoke your credit line under any one or more of the following conditions:
• If your account is over thirty (30) days past due;
• If a check is returned for Non-Sufficient Funds;
• In the event that any of your debt is turned over to a third party for collection;
• If the combined amount of multiple orders exceed your approved credit limit; or
• At the sole discretion of Center.
You agree to indemnify and hold harmless Cener, FII and their respective affiliates, officers, directors, employees, attorneys and agents from and against any and all liability, loss or damage of any kind, including, without limitation, reasonable attorneys’ fees and costs, that any of them may incur in connection with or related to any credit investigation or exchange of credit information authorized herein.
You agree to pay Center all sales or other taxes imposed on the sale of our goods or services unless you have provided a tax-exempt certificate that is acceptable to Center.
If a check you have provided to Center is returned for Non-Sufficient Funds, Center may assess and you agree to pay a $50 fee. If your account has a past-due balance, Center may assess and you agree to pay a finance charge of 1.5% per month or the maximum amount otherwise permitted by law. You agree to pay all Center’ reasonable attorneys’ fees and all collection agency fees incurred in the collection of any amount you owe pursuant to this agreement and have not paid when due.
E. Shipping/Delivery
If a shipment containing your signage is refused by you or your agent, Center will, if possible, and at your request, return the shipment to you at your expense. If you refuse to accept any shipment, you are responsible for and will reimburse Center for all costs and fees of any type connected with the shipment and legal disposal of the shipment.
CENTER DOES NOT GUARANTEE THE SHIPMENT AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, CENTER DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE SIGNAGE.
8-A. CLAIMS PROCEDURE FOR DELIVERY ISSUES AND FOR DEFECTIVE MERCHANDISE
All claims, whether they regard signage or shipping services, should be resolved by contacting the FASTSIGNS® center where the signage was produced. DO NOT CONTACT THE SHIPPER TO RESOLVE ANY CLAIMS REGARDING SHIPPING SERVICES. Failure to contact FASTSIGNS® directly will cause a delay in the processing of any claim regarding shipping services, which could cause you to lose the ability to receive compensation for loss involving shipping or signage services as provided in these terms and conditions. In the event merchandise is lost or damaged in shipment, FASTSIGNS® may file a claim relating to that damage for reimbursement with the carrier.
When you receive any shipment of signage you ordered from the web site, you should open the package immediately and inspect the contents so that the time period in which to make a claim does not expire. If damaged, the shipment should be refused or damage noted on the bill of lading.
In the case of signage that is lost or damaged in shipment or signage that is defective, FASTSIGNS®’ sole responsibility to you will be, at its option, either (1) to reproduce the signage you ordered and to ship such replacement signage to you without cost, or (2) to refund or credit the charges you actually paid for your signage (including shipping charges, if applicable). We will send any refund to the billing address on your account.
To submit a claim regarding damaged or defective signage, you must notify us within fifteen (15) days after the earlier of (i) the date of invoice or (ii) the date of receipt of the shipment (or the date you picked up the signage from a FASTSIGNS® center location). In the case of a claim concerning any damaged or defective signage, you must return the signage to the FASTSIGNS® center where the product was produced.
For all other claims, including claims arising out of any non-delivery, mis-delivery or late delivery, you must notify FASTSIGNS® within thirty (30) days of the estimated shipment date.
In the case of any claim concerning any non-delivery, mis-delivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing available for inspection.
FASTSIGNS® is not obligated to respond to your claim or to provide any credit or refund if: (1) you have not paid for the signage or the shipping costs; (2) your request is not received within the time limits stated above; (3) your claim is barred by circumstances enumerated in Section 11 “Limitation of Liability” below. A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or sign for the package. In addition, for shipments to and from international destinations, no refund or credit will be given if failure to deliver is the result of tax authority or customs or other regulatory delays.
Only one refund or credit is permitted per package. In the case of multiple shipments, this return policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package.
8-B. CLAIMS PROCEDURE FOR DELIVERY ISSUES AND FOR DEFECTIVE MERCHANDISE FROM A FASTSIGNS CENTER
All claims, whether they regard signage or shipping services, should be resolved by contacting the CENTER where the signage was produced. DO NOT CONTACT THE SHIPPER TO RESOLVE ANY CLAIMS REGARDING SHIPPING SERVICES. Failure to contact Center directly will cause a delay in the processing of any claim regarding shipping services, which could cause you to lose the ability to receive compensation for loss involving shipping or signage services as provided in these terms and conditions. In the event merchandise is lost or damaged in shipment, Center may file a claim relating to that damage for reimbursement with the carrier.
When you receive any shipment of signage you ordered from the web site, you should open the package immediately and inspect the contents so that the time period in which to make a claim does not expire. If damaged, the shipment should be refused or damage noted on the bill of lading.
In the case of signage that is lost or damaged in shipment or signage that is defective, Centers’ sole responsibility to you will be, at its option, either (1) to reproduce the signage you ordered and to ship such replacement signage to you without cost, or (2) to refund or credit the charges you actually paid for your signage (including shipping charges, if applicable). Center will send any refund to the billing address on your account.
To submit a claim regarding damaged or defective signage, you must notify us within fifteen (15) days after the earlier of (i) the date of invoice or (ii) the date of receipt of the shipment (or the date you picked up the signage). In the case of a claim concerning any damaged or defective signage, you must return the signage to the Center where the product was produced.
For all other claims, including claims arising out of any non-delivery, mis-delivery or late delivery, you must notify Center within thirty (30) days of the estimated shipment date.
In the case of any claim concerning any non-delivery, mis-delivery, late delivery, damaged shipment or other shipping-related claim, you must retain all original shipping containers, packaging and contents and make the foregoing available for inspection.
Center is not obligated to respond to your claim or to provide any credit or refund if: (1) you have not paid for the signage or the shipping costs; (2) your request is not received within the time limits stated above; (3) your claim is barred by circumstances enumerated in Section 11 “Limitation of Liability” below. A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or sign for the package. In addition, for shipments to and from international destinations, no refund or credit will be given if failure to deliver is the result of tax authority or customs or other regulatory delays.
Only one refund or credit is permitted per package. In the case of multiple shipments, this return policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package.
All other terms and conditions apply to ordering signage.
9. INDEMNIFICATION
You agree that you will defend, indemnify, and hold harmless NAC, FII, the franchisees of FII and their respective affiliates, subsidiaries, officers, directors, employees, attorneys and agents (hereinafter the “FASTSIGNS® Parties”) from any and all damages, liabilities, losses, costs and expenses (including reasonable attorney’s fees) incurred in connection with any claim, action or assertion brought against any of them by you or any third party arising out of or resulting from: (1) any injury to person or property caused by any signage you order on the web site; (2) any material you supplied which infringes the intellectual property or other proprietary rights of a third party; or (3) your use of this web site in violation of these terms and conditions or in violation of any law.
10. DISCLAIMER
THE INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN OR PROVIDED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. USE OF THIS WEB SITE AND THE INFORMATION, CONTENT, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THIS WEB SITE IS AT THE USER’S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FASTSIGNS® DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH USE, INFORMATION, CONTENT, SERVICE AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ADDITIONALLY, FASTSIGNS® DOES NOT REPRESENT OR WARRANT THAT ANY PART OF THIS WEB SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THEY ARE IMMUNE FROM HACKING OR OTHER FORMS OF ATTACK. FASTSIGNS® DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
This web site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to you. These linked sites are not under the control of FASTSIGNS®, and FASTSIGNS® is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites. FASTSIGNS® does not monitor nor review the content of such sites, and you expressly understand that your access by link to such sites is at your own risk.
11. LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY LAW, NEITHER THE FASTSIGNS® PARTIES NOR ANY OF THEIR SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM:
(A) YOUR USE OF OR INABILITY TO USE THIS WEB SITE,
(B) ANY CONTENT ON THIS WEB SITE, OR
(C) EXCEPT AS SPECIFICALLY SET FORTH IN SECTION 8 ABOVE REGARDING DAMAGED OR DEFECTIVE SIGNAGE, ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEB SITE,
EVEN IF YOU HAVE ADVISED ANY OF THEM OF THE POSSIBILITY OF SUCH DAMAGE.
IN THE EVENT THAT THE TERMS OF THIS SECTION (OR ANY PART OF THIS SECTION) SHALL BE HELD INVALID OR UNENFORCABLE BY A COURT OF COMPETENT JURISDICTION, THE TOTAL LIABILITY OF THE FASTSIGNS® PARTIES TO YOU (OR ANYONE CLAIMING BY OR THROUGH YOU) FOR ANY DAMAGES OR LOSSES WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID TO FASTSIGNS® FOR SUBJECT SIGNAGE PRODUCTS PLUS SHIPMENT FEES, IF ANY.
In no event will FASTSIGNS® or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, inclusion, omission, shipment, mis-delivery, nondelivery, misinformation, other direct or indirect damages or failure to provide signage or shipping services (any of the foregoing “Service Failure”) to the extent caused by or resulting from:
• Your acts, defaults or omissions, (including failure to submit the latest approved version of art on a timely basis);
• Your violation of any of the terms and conditions contained in these terms and conditions, as amended from time to time;
• Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using FASTSIGNS® standard virus-detecting procedures;
• Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, civil disorders, acts of terrorism, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
• Loss, corruption or irretrievability of, or damage to, your personal information, user-provided materials or information regarding the signage used or stored by FASTSIGNS®;
• Acts, defaults or omissions of any person or entity other than FASTSIGNS®, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
• Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
• Our failure to notify you of any delay, loss or damage in connection with your signage product or shipment or any inaccuracy in such notice;
• Our release of shipments without obtaining a signature if a signature release is on file;
• Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
12. TERMINATION
In the event that FASTSIGNS® learns of, or has reasonable grounds to suspect, that your registration information is inaccurate, or that activity in violation of these terms and conditions has occurred, we may suspend or terminate your access to your account or the Service by refusing to authorize its future use. In addition, FASTSIGNS® reserves the right to discontinue this web site or to cease offering the Services at any time without reason or advance notice to you.
13. APPLICABLE LAW
This site is created and maintained by NAC located in Carrollton, Texas, USA. As such, the laws of the State of Texas will govern your use of this web site, your use of the Services, and these Terms and Conditions of Use, without giving effect to any principles of conflicts of law. Any litigation concerning these terms and conditions or other uses of this web site shall be brought in Dallas County, Texas, and you consent to the exercise of personal jurisdiction over you by such courts. You agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal court located in Dallas County, Texas and you waive the right to object on the grounds of inconvenient forum. These terms and conditions are not intended to be subject to the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
14. NO OTHER AGREEMENT/SEVERABILITY
These terms and conditions constitute the entire agreement of the parties, and supersede any prior agreements. All provisions of these Terms and Conditions of Use are severable. These Terms and Conditions of use shall be interpreted and enforced as if all completely invalid or unenforceable provision were not contained in these Terms and Conditions of Use. Partially valid or enforceable provisions shall be enforced to the extent that they are valid and enforceable.
15. WAIVER
The failure of FASTSIGNS® to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or rights in the future, not shall it be deemed to be a waiver of any other term, condition, or right under these terms and conditions.
16. CONTRACT ELECTRONICALLY
You agree that the all terms and conditions related to the web site, combined with your act of using the web site and/or the Services have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the terms and conditions on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the terms and conditions. A printed version of these terms and conditions and any notice given in electronic form will be admissible in any judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. CONTACTING THE WEBSITE
If you have any questions about this web site, the practices of this web site, or your dealings with this web site, you can contact:
Website Administrator
FASTSIGNS International, Inc.
2542 Highlander Way
Carrollton, Texas 75006
1-800-827-7451
web.admin@fastsigns.com