Terms & Conditions

Effective Date: January 1, 2012

Welcome to the CustomEngravingCompany.com web site, (the "Web Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Web Site and CustomEngravingCompany.com Services (as defined below). These TOS describe your rights and responsibilities and what you can expect from using this Service. Use of this Web Site constitutes acceptance of these TOS. Custom Engraving, Custom Engraving Company, CustomEngraving.com, and CustomEngravingCompany.com are Trademarks of Imprint Promotions, LLC.

Imprint Promotions, LLC reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on Imprint Promotions Web Site. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the CustomEngravingCompany.com Service. Your continued use of the CustomEngravingCompany.com Web Site following posting of a change notice or new TOS on Imprint Promotions Web Site will constitute binding acceptance of the changes.

1. The CustomEngravingCompany.com Service. Imprint Promotions, LLC provides a number of Internet-based services through the Web Site (all such services, collectively, the "CustomEngravingCompany.com Service"). One such service enables users to create customized merchandise, license plates, signs, stickers, and banners (collectively, "Products"). Imprint Promotions, LLC users may create and purchase individual Products for their own use.

2. Use of the Web Site and CustomEngravingCompany.com Service.

2.1 Eligibility. Imprint Promotions will only knowingly provide the CustomEngravingCompany.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the CustomEngravingCompany.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The CustomEngravingCompany.com Service is not intended for children under the age of 13.

2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the CustomEngravingCompany.com Service and the Web Site.

2.3 Your License to Use the Web Site and the CustomEngravingCompany.com Service.

(a) Imprint Promotions, LLC solely and exclusively owns all intellectual property and other rights, title and interest in and to the CustomEngravingCompany.com Service and Web Site, except as expressly provided for in these TOS. For example and without limitation, Imprint Promotions, LLC owns the trademark CustomEngravingCompany.com(TM), the copyrights in and to the Web Site, and certain technology used in providing the CustomEngravingCompany.com Service. You will not acquire any right, title or interest therein under these TOS or otherwise.

(b) Imprint Promotions, LLC grants you a limited revocable license to access and use the Web Site and the CustomEngravingCompany.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Imprint Promotions, LLC; to compete with Imprint Promotions, LLC; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, Imprint Promotions, LLC may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.

(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.1.

2.4 Third-Party Services. Imprint Promotions, LLC may use third parties to provide certain services accessible through the Web Site. Imprint Promotions, LLC does not control those third parties or their services, and you agree that Imprint Promotions, LLC will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with Imprint Promotions, LLC's TOS, agreements or policies, you must comply with Imprint Promotions, LLC's TOS, agreements or policies, as applicable.

3. General Rules.

3.1 Prohibited Use. You may only use the CustomEngravingCompany.com Service as expressly permitted by Imprint Promotions, LLC. You may not cause harm to the Web Site or the CustomEngravingCompany.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the CustomEngravingCompany.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the CustomEngravingCompany.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the CustomEngravingCompany.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain Imprint Promotions, LLC's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the CustomEngravingCompany.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.

3.2 Prohibited Use Promise. By using Imprint Promotions Web Site, you are promising that you are not using the CustomEngravingCompany.com Service or the Web Site for any of the Prohibited Uses.

4. Use of Your Content. You will retain ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with Imprint Promotions, LLC's design tools, you grant the following licenses to Imprint Promotions, LLC: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as Imprint Promotions, LLC, in its sole discretion, finds necessary to achieve the above listed purposes.

You may remove the Content you designed at any time, and you retain all copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Imprint Promotions, LLC of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Imprint Promotions, LLC will fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.

4.1 Use of copyrighted materials. Imprint Promotions, LLC can not unlawfully reproduce materials that infringe upon the rights of copyrighted materials. We reserve the right to not produce a product if it infringes on trademark and copyrights of others. By uploading such work, you warrant that you have the right to reproduce such items. If you are an official licensor or owner of trademark and copyrighted works, please provide such notice upon submission.

5. Reservation of Rights.

5.1 Monitoring. Imprint Promotions, LLC reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Imprint Promotions, LLC determines, in its sole and absolute discretion, that you or another Imprint Promotions, LLC user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Imprint Promotions, LLC may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

5.2 Modification of the Service. Imprint Promotions, LLC may modify the CustomEngravingCompany.com Service at any time with or without notice to you, and will incur no liability for doing so.

6. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Imprint Promotions, LLC permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Imprint Promotions, LLC will have no obligation to keep any Submissions confidential. You will not bring a claim against Imprint Promotions, LLC based on "moral rights" or the likes arising from Imprint Promotions, LLC's use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with CustomEngravingCompany.com Service.

7. Representations and Warranties.

7.1 Mutual Representations and Warranties. You represent and warrant to Imprint Promotions, LLC and Imprint Promotions, LLC represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.

7.2 By You. You represent and warrant to Imprint Promotions, LLC that, in your use of the CustomEngravingCompany.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Imprint Promotions, LLC that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Imprint Promotions, LLC will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Imprint Promotions, LLC incurs in providing the CustomEngravingCompany.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

8. Disclaimers and Exclusions.

8a.1 DISCLAIMER OF WARRANTIES. Imprint Promotions, LLC PROVIDES THE WEB SITE AND CustomEngravingCompany.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Imprint Promotions, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, CustomEngravingCompany.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Imprint Promotions, LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

8a.2 EXCLUSION OF DAMAGES. Imprint Promotions, LLC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CustomEngravingCompany.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8b. Limitation of Liability.

8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF IMPRINT PROMOTIONS, LLC EXCEED THE VALUE OF PRODUCTS RECEIVED OR SERVICES RENDERED. THE VALUE OF PRODUCTS OR SERVICES ARE LIMITED TO THE STATED VALUE ON IMPRINT PROMOTIONS WEB SITE OR AS STATED BY AN AUTHORIZED IMPRINT PROMOTIONS, LLC AGENT.

9. Indemnification. You must indemnify and hold Imprint Promotions, LLC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission. If you have to indemnify Imprint Promotions, LLC under this Section, Imprint Promotions, LLC will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Imprint Promotions, LLC's express written permission.

10. Termination.

10.1 Termination. Imprint Promotions, LLC may suspend or terminate your use of the Web Site or CustomEngravingCompany.com Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.

10.2 Survival. Notwithstanding Section 10.1 above, these TOS will survive indefinitely unless and until Imprint Promotions, LLC chooses to terminate them.

10.3 Effect of Termination. If you or Imprint Promotions, LLC terminates your use of the Web Site or the CustomEngravingCompany.com Service, Imprint Promotions, LLC may delete any Content or other materials relating to your use of the CustomEngravingCompany.com Service on Imprint Promotions, LLC's servers or otherwise in its possession and Imprint Promotions, LLC will have no liability to you or any third party for doing so.

11. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Imprint Promotions, LLC, you must use the following addresses: 405 N. Wickham Road, Suite E, Melbourne, FL 32925, [email protected] If Imprint Promotions, LLC provides notice to you, Imprint Promotions, LLC will use the contact information provided by you to Imprint Promotions, LLC. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

12. Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of the CustomEngravingCompany.com Service will be exclusively resolved under confidential binding arbitration held in Brevard County, Florida before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Brevard County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Florida State courts in Brevard County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the CustomEngravingCompany.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, Imprint Promotions, LLC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

13. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Imprint Promotions, LLC. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Imprint Promotions, LLC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

Engraving Machines | Vinyl Cutters | Full Color Transfer Equipment

We provide the right computer engraving machine, sign making machine or engraving equipment for your specific application. We can ensure our customers consistent quality, technical training and customer support. Major brands of engraving equipment include U-Marq GEM-RX-5, GEM FX-5, and ProPen jewelry engraving machines, and MPX-90 photo impact printers. We also carry full color transfer systems, die sublimation printers and bulk ink kits and vinyl cutting equipment and supplies.

Copyright ©2012 Imprint Promotions, LLC. All Rights Reserved. | Custom Engraving Company is a division of Imprint Promotions