This Terms of Use Agreement sets forth the standards of use of the All Things Embroidered online website. By using the All Things Embroidered website you (the ‘Member’) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the All Things Embroidered website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
All Things Embroidered is providing Member with information concerning the operations of All Things Embroidered and the ability to purchase custom products to include a) embroidered products, b) screen-printed products, c) digitally-printed products or d) non-customized apparel and accessories through our online e-commerce store. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Exchanges, Refunds or Replacements
The majority of the products sold through this website are customized products and cannot be returned for a refund or credit. All custom products are non-returnable / non-refundable with the following exceptions only:
- Incorrect spelling for inscriptions or embroidered artwork
- Although we do our best to proof all submissions for custom work through our website we don’t catch them all and may print misspellings that you provided, in which case we will work with those situations on a case-by-case basis regarding refunds or replacements.
- Incorrect products delivered to you by an administrative error by us.
Shipping
When possible we will include a shipping number (FedEx, UPS or USPS) when your order has shipped. We are not responsible for the tracking results displayed by the carriers we utilize to ship your products nor are we responsible for the availability of said services.
If available, tracking numbers will be stored and displayed under you account order history, which can be referenced by visiting your order history. From this page, select the appropriate order ID associated with the order you want to track. Tracking numbers (as available) will be shown as an order note under each individual order.
Shipping Times
Shipping times vary according to the courier and method that you select during checkout. Delivery dates displayed on our website are for reference only and do not include processing / production (for customized products) time which is detailed in the table below:
| Product Type | Estimated Processing Time |
|---|---|
| Non-Custom Products | 7-10 days processing |
| Customized Products | 14 – 28 days processing Time varies accordingly with the quantity / complexity of the order |
Damage during transit
All Things Embroidered is not responsible for reimbursement of item(s) that are damaged during transit. We take appropriate measures to ensure that the product(s) we ship to you are properly packaged, secured and protected prior to shipping.
Disclaimer of Warranties
The site is provided by All Things Embroidered on an ‘as is’ and on an ‘as available’ basis. To the fullest extent permitted by applicable law, All Things Embroidered makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. All Things Embroidered shall have no liability for any interruptions in the use of this Website. All Things Embroidered disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
ALL THINGS EMBROIDERED SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ALL THINGS EMBROIDERED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold All Things Embroidered, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
All Things Embroidered reserves the right to modify or discontinue the Service with or without notice to the Member. All Things Embroidered shall not be liable to Member or any third party should All Things Embroidered exercise its right to modify or discontinue the Service. Member acknowledges and accepts that All Things Embroidered does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While All Things Embroidered makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. All Things Embroidered makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts of Oklahoma, United States
Our website is operated and provided in the State of Oklahoma in the United States. As such, we are subject to the laws of the state of Oklahoma, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the state of Oklahoma.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © All Things Embroidered, with all rights reserved, or is the property of All Things Embroidered and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of All Things Embroidered is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of All Things Embroidered.
‘All Things Embroidered’, ‘www.allthingsemb.com’ and ‘allthingsemb.com’ are proprietary marks of All Things Embroidered. All Things Embroidered’s marks may not be used in connection with any product or service that is not provided by All Things Embroidered, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits All Things Embroidered.
All other trademarks displayed on All Things Embroidered’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with All Things Embroidered.
Submitting Copyrighted & Trademarked Artwork
When using our “Design Request” page to submit artwork for embroidered or printed designs, please do not submit artwork that is copyrighted or trademarked in any way. If we do receive an image that we believe has an existing copyright or trademark we will not use that image for your design request and will contact you to submit a different image / photo for said design request.
- Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
- Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by All Things Embroidered, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our privacy policy.
Internal Functions and Malicious Intent
This website has been configured with multiple security protocols to detect malicious activity at many different levels. Upon detection, you will be notified of your illegal / malicious activity and will be subject to punishment to the full extent of the laws available for cyber crimes. This section extends the Compliance with Laws section above.
Automated User Data Removal
Pending orders. failed orders and cancelled orders will be permanently removed from our system after 1 month. Inactive accounts are retained for one year. To keep an account active simply sign into your account at least once a year. Completed orders are retained indefinitely until an account removal has been requested.
