TERMS AND CONDITIONS FOR METALKARDS.COM AND SUBSIDIARIES (“Company”)

Welcome to the official website for Metal Kards (hereinafter referred to as “Website”). We provide our Website as a service to our customers. Please review the following basic rules which constitute our “Terms Of Use & Legal Notices,” which govern your use of our Website. By using our Website you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the “Agreement”).

BUSINESS HOURS

Customer Service is available 9 AM to 6 PM Mountain time Monday through Friday by phone and email. This does not apply to holidays during which the business is closed. Emails are typically answered within 90 minutes during customer service operating hours. Help Desk Tickets submitted after 4 PM Pacific may not be answered until the following business day.

We do not have a will call or pickup option as our facilities are not open to the public.

ACCEPTANCE OF TERMS

All services provided by Company are subject to Terms and Conditions of use. By viewing or using this website, you and the entity you represent (collectively hereinafter referred to as “Customer(s)”) agree to be bound by all the Terms and Conditions as stated below without modification. Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may “bookmark” a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

GENERAL INFORMATION

Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become our property unless pre-arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CYMK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will generally be e-mailed within 24 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.

We do our best to fulfill orders at the facility nearest to the provided “ship to” destination, however we reserve the right to fulfill orders at other locations.

Jobs cannot be stopped / canceled once they are in “Approved” status.

Order(s) that are canceled are subject to a cancellation fee based on the current production status of your job. The fees are as follows:

• $0.00 — PRIOR to a proof being sent.
• $59.00 — AFTER a proof being sent, but PRIOR to customer approval.
• NO REFUND — There will be no refunds of any kind AFTER a job has been approved and production has started.

All refunds will be in the form of in-house credit which expires 1 year from initial issue.

REFERRALS AND REWARDS

For Refering a Friend rewards that give a credit value, there is no cash value of rewards. Credit value towards a metal card order must be placed on metal cards and is not redeemable on artwork, services, or other products. To receive credit, your referred people must purchase a minimum of $200 in one transaction on the e-commerce cart, for metal cards. Credit not available for custom invoice orders or orders for artwork, services, or products other than metal cards. A maximum of 5 referrals to be credited, or $250 credit value, whichever is lower.

Metal Kards Giveaway is subject to our decision and approval. Members found to be spam, spoofing, or hacking the system will be immediately rejected from entry. No cash value, compensation or substitution of the giveaway for contest entered.

CHANGE OF TERMS

Company reserves the right to change the Terms and Conditions at any time and these changes or additions become effective immediately when they become available on Company’s website(s). Company does not assume the obligation to notify Customer of any changes to the Terms and Conditions. Customer is responsible for reviewing the Terms and Conditions for any changes and continued use of this site constitutes Customer’s consent to these changes.

COLOR PROOFING AND MATCHING

Company cannot be held responsible for matching colors or ink densities on screen proofs approved by Customer. Company will make every effort to match the gradient density of each color, however, Company cannot be held responsible for the final appearance of a color. The appearance of printed colors may also be affected by materials printed on; therefore, Company cannot be held responsible for final color appearance. Company routinely calibrates its machines, continuing accurate rendering to industry standard ICC color profiles, thus enabling accurate prints based on large format, solvent based ink and UV ink parameters. In most cases, Company will print per the CMYK formulas as set in the file by the Customer. If no CMYK formulas are set will match to most accurate CMYK colors available.

COPYRIGHT

Company’s website and all of its content are protected by copyright laws of the United States and international treaty provisions. This website, its trademark and associated logos, may not, in part or in whole, be copied, imitated, reproduced, modified, transmitted, translated, distributed, adapted or disassembled in any fashion without expressed written permission of Company. Copyright laws also pertain to the content Customer submits to Company. Company will not assume the responsibility of checking the content of Customer’s submitted materials for copyright violations. Therefore, Company will not be held accountable for any illegal use of copyrighted material by its clients.

CUSTOMER CONTENT

Customer, as the buyer, understands and agrees that all content/information (including but not limited to text, graphics, information and messages) are the responsibility of the Customer and not Company. Furthermore, Customer is responsible for all information and content that is acquired and/or used from the Company’s service. In addition, Customer agrees to abide by all rules and regulations pertaining to on-line decency and appropriate and acceptable content. Customer is responsible for providing Company with the most up-to-date artwork files needed for Customer’s orders. Company is not responsible if an order is processed with outdated artwork if artwork proof is approved by Customer, by automatic or manual proof approval. Customer agrees to the following with regard to any product coming from Company: Customer will not upload, post or send any content through the Company service containing adult or child pornography, or anything indecent, lewd, or obscene; material that threatens to kidnap or injure anyone, threatens to damage the reputation of anyone or harm their personal property, threatens to accuse anyone of a crime, threatens to announce that a person has violated laws of the United States, or threatens blackmail; encourages or suggests forcible resistance to any law of the United States, insurrection, or treason; includes fraudulent, libelous or hurtful remarks directed at any other person or business; or infringes upon the intellectual property rights of Company or any other party. Company does not control, nor certify the legitimacy, accuracy and/or quality of any information or content posted by Customer. Company will not be held liable under any conditions or circumstances for any information, content or material that Customer may find indecent or offensive. Customer must have a registered account with Company. Customer is responsible for providing Company with artwork to include all required health warnings for any artwork used for cigarettes and other tobacco products (smokeless tobacco, cigars, etc.). Protection of passwords and controlling account access is the responsibility of Customer. Company will not be held responsible for any password or access problems. Furthermore, all orders, actions, etc., placed through Customer’s registered account is Customer’s responsibility and not the responsibility of Company. Company reserves the right to remove or refuse any content or information that violates the Terms and Conditions agreement or may otherwise be considered unlawful or objectionable. Company reserves the right to refuse to print any such objectionable content. In the event Customer’s order is rejected for objectionable content, Company will issue a credit for the full value of the order minus a 10% processing fee. In addition, Customer agrees that content and or information obtained by Company may be kept and disclosed if Company is required to do so by law, or if Company believes that it is necessary to disclose such content in order to comply with any legal proceeding or processes; uphold or enforce the terms of Company’s services; respond to any claims that the content or information is or may be in violation of the rights of another party; that the content or information may be objectionable or offensive; or that the content/information is necessary to protect the rights or property of the public or Company in any way.

Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.

ELECTRONIC COMMUNICATION

Customer’s use of this website constitutes Customer’s agreement and consent that Company will, in most cases, communicate with Customer electronically regarding most purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address provided when Customer registered with Company. Customer may withdraw its consent to receive electronic communication at any time, but if consent is withdrawn, Customer’s consent will only be effective prospectively (not for orders already processed or in production). Customer’s account will be deactivated and Customer will no longer be eligible to use this website to order further products or services from Company. If Customer’s account is deactivated, Customer will remain responsible for payment of print and design orders already completed or in production. This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with Customer, will be deemed for all purposes to be a “writing” or “in writing,” and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.

INDEMNITY

Customer agrees that Customer shall indemnify and defend and hold Company and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees and court costs) that, directly or indirectly, arise out of or are related to: (i) Customer’s breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any customer content provided by Customer, or any other text, photograph, image, graphic or other material Customer incorporated into products or services ordered from Company, infringes up the rights of a third party (iii) and/or (c) any of Customer’s activities conducted in connection with Company’s website, Customer’s use thereof, and/or the products and services ordered from Company.

INK OFFSETTING AND PLATE SHIFT

Any job with silkscreen printing may shift within 1/16″ due to silkscreen plate shift during production. If the artwork features etching with silkscreen, customer acknowledges that plate shift may occur and slight misalignment within tolerances is deemed acceptable.

Company will do its best to recommend to Customers when lamination would be recommended, but are not solely responsible for this recommendation, and it is ultimately the Customer’s responsibility to decide to order the appropriate materials for the Customer’s intended use.

LATE PAYMENT AND COLLECTION COSTS

In the event Customer fails to pay any outstanding balance due, Company reserves the right to place any of Customer’s pending orders on hold until all payments are made full to Company. In addition, in the event of a late payment, interest charges, at the rate of 18% per year, shall be assessed from the date of the invoice (i.e., the date the invoice was rendered), without notice to Customer. Customer shall be responsible for any and all costs of collection incurred by Company with respect to amounts due from Customer, including, but not limited to, collection services, attorneys’ fees, court costs, process serving fees, and other related expenses.

LIMITATIONS AND LIABILITY

Company’s liability is limited up to the total amount of Customer’s online purchase (at the specific time and date of the purchase) and shall not include any consequential damages or damages for profit loss. Company has the right to hold Customer property (a lien) as security for unpaid bills. Company reserves the right to refuse service to any party for any reason it deems fit. Any supplied media will not be returned.

Yyour use of and reliance upon any and all information, including but not limited to the content on this website is at your sole risk. such information is provided on an “as is” and “as available” basis. we make no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our website, with the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of our website, whether based on contract, tort or otherwise, even if we or any of our suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of our website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our website.

LOST OR DAMAGED PACKAGES

Company cannot be held responsible for shipping errors, delays or lost or damaged products due to third party errors.

In the case that a Customer supplies the wrong address causing a package not to be delivered on time, Company will reship the package (to the corrected address provided by the Customer). Customer will be responsible for any additional costs related to the corrected shipment (returned shipping fees, address correction charges by shipping carrier, additional packaging costs, etc.), and Company will charge Customer’s supplied credit card for the additional costs.

Company is not responsible for damage to product when exposed to excessive heat (i.e. being left in vehicle in sunlight).

OBSERVED HOLIDAYS

All Company operations are closed on the observed business days for all of the following holidays: New Year’s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day and Friday following Thanksgiving; Christmas Day and the day after Christmas.

ORDER PROOFS

An online proof is generated and sent to Customer via an email link usually within twenty-four (24) business hours of the time and date the art file is uploaded to order. Weekends and holidays are not considered part of the 24-business hour proof turnaround time period. Customer has the option to review online proofs of uploaded artwork for up to 2 hours after receipt of said preflight approval email. At the end of said 2 hour window, all artwork will automatically be approved for printing. This action of not reviewing proofs is considered an approval by the Customer.

Once all final proofs have been approved by the Customer, no further changes can be made to that order. It is recommended that Customer review the final proof carefully. Company will not accept responsibility for typographical errors, errors in spelling, grammar, punctuation, graphics, fonts or content. Company will not be held responsible for client errors in finished product sizes, wrong cuts, or missing or incorrect folds.

If Customer is ordering a large sign and would like to verify color and print quality, it is recommended that Customer place an online order of a smaller size sign as the hard copy proof.

OVER / UNDER

Company has the right to ship within 10% over or under the requested quantity. Customer will be billed pro-rata based upon final shipped quantity.

PREPAYMENT

Company accepts prepayment via credit card at the time Customer places an order. Customer’s credit card will be authorized when the order is placed and charged at the time the order begins production. Company accepts Visa, MasterCard, Discover, and American Express. Other forms of payment may be accepted with Company approval.

All prices and dollar amounts on our website are in United States dollars. In order for Customer to register with and order products and services from Company, Customer will have to provide a valid, authentic and current credit card, which Customer is authorized to use. Customer agrees that if the credit card information becomes invalid, expires or Customer no longer has authorization to use the card, Customer will immediately provide another credit card.

Some electronic transactions may require extended processing in addition to credit card authorization. Customer will be notified by email if extended processing is required to complete the transaction. Note: If extended processing is necessary, the estimated order delivery date may be delayed. All orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card either submitted by Customer or a credit card on file with Company. If new credit card information is provided at the time of the order it will be added to the credit card information kept on file if authorized by Customer. Company will not assume that previously provided credit card information is not valid. If a charge against a credit card provided by Customer is not authorized or accepted, or is subsequently refused or rejected, Company reserves the right to cancel the order without notice or liability. In the event that Company and Customer have agreed upon an alternative method of payment and the payment is not received within five (5) business days of the date on which payment was due, Customer agrees that Company may charge one or more of the Customer credit card(s) on file for the full amount of the outstanding account balance. See more under LATE PAYMENT – COLLECTION COSTS.

TERMS OF PAYMENT

(a) Invoices shall be payable in accordance with the terms of payment described in Company offer, under such financial guarantee of payment as Company may require. If shipment is delayed through no fault of Company, date of readiness for shipment shall be deemed to be date of shipment for payment purposes and Buyer shall be responsible thereafter for any and all handling and storage costs related to the delayed shipment of the Product. If manufacture is delayed by Buyer, payment shall be made based on Contract price and percentage of completion at time of such delay, with the balance payable in accordance with the Contract terms stated.

(b) Terms of payment are subject to Company approval at the time order is accepted and again prior to delivery. If in Company judgment Buyer’s credit position changes after the date hereof, Company reserves the right to refuse to deliver except for cash without being liable for breach of contract either in whole or in part.

(c) Invoices are payable in accordance with the terms of payment described above. If discrepancies exist, full payment of the invoices will be made within the prescribed time and adjustments for proven discrepancies made as soon as practicable. Invoices under this Contract shall be completely independent of all other contracts between the parties and all payments due to Company hereunder shall be paid when due and shall not be setoff or applied against any money due or claimed due from Company to Buyer on account of any other transaction or claim.

(d) If any payment is not then current within the specified time, interest will be charged at the prime rate of CitiBank, New York, N.Y., or at the maximum legal rate permitted, whichever is lower, with interest computed and due monthly.

(e) If Buyer fails to fulfill the terms of payment or other terms and conditions hereof, Company may, at its option, cease performance, defer further shipments to Buyer or cancel the unshipped balance of this Contract and all other Buyer’s contracts then unfilled. Company reserves the right in the event of Buyer’s default to reclaim at Buyer’s cost any items described herein. All rights of Company shall be cumulative and in addition to any other rights conferred by law.

PRICING

Due to constant fluctuation of our costs in plastic and other materials used in manufacture, pricing may change at any time. Fluctuations in pricing are typically minor, but may occur frequently. NOTE: Pricing may change from the time Customer reviews products to time Customer places order. Customer is responsible for final review of the pricing at the time Customer places order.

PRODUCTION TURNAROUND TIME

Typical production turnaround time is listed on each product, and production schedule starts following Company’s receipt of (a) order, (b) prepayment and (c) approval of art proof. Note: Because standard turnaround may vary due to product being ordered, quantity ordered, current production schedule, and other factors, Customer is to refer to the turnaround time shown at the time Customer places order. Optional rush turn times may be available for an extra charge and are shown on the website at the time of placing the order. Turnaround times do not include shipping time. Any estimated date Customer will receive the order is a combination of the turnaround time and desired shipping time, and is only estimated and not guaranteed. Once the order is placed, the desired turnaround method cannot be changed. After the order is shipped, changes to shipping methods cannot be made. Note: If order, prepayment and art proof approval is received and confirmed by Company after 10:00 a.m. MST, order will be processed as having been received before 10:00 a.m. MST the following business day. While Company makes every attempt to meet or exceed the stated turnaround times, turnaround times are not guaranteed.

PROMOTIONS AND SPECIAL OFFERS

Promotions and special offers may occasionally be offered to Customers. To take advantage of a promotion or special offer, enter the promotion code in the applicable field when placing an order. Not all products are eligible for promotions and special offers. If a promotion code does not function when entered, it means the product at issue does not qualify for the promotion or special offer; this determination is final. A promotion code may not be combined with any other promotion, special offer, discount or reward offered by Company. If Customer enters a promotion code or takes advantage of a promotion, special offer, discount or reward, Customer will not be able to enter another promotion code or take advantage of any other promotion, special offer, discount or reward. Promotion codes only apply to products ordered through Company’s website. Promotion codes cannot be used to pay for taxes, shipping and handling or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount. If a promotion or special offer is for a defined amount and applies to a multiple-item order, the promotion amount will be allocated to each eligible item based on the proportion of the item’s value to the total value of all eligible items, excluding shipping and handling, taxes and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation. Promotions and special offers are only valid for a limited time. They will expire on the date or within the timeframe specified in the offer and can be cancelled at any time. Promotion codes (and the coupons or emails that contain them) are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted. Promotion codes cannot be retroactively applied against orders already placed with Company. If a promotion code is used and the entire order is canceled or rejected, subject to the terms of Company’s cancellation policy, Customer will be refunded only the actual amount paid. The promotion code will no longer be valid. The foregoing notwithstanding, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially canceled, rejected or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges). The balance of the promotion or special offer is void, and the promotion code will no longer be valid. Company reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.

RETURNED CHECKS

Customer is liable for any and/or bounced check fees incurred to Company.

RETURNS AND REFUNDS

MetalKards.com focuses on providing all our clients with the best possible printing experience and products. If for any reason you are not completely satisfied with your order, please promptly contact our customer Quality Assurance department by calling our toll free number. You may also submit a Help Desk Ticket by using the contact form on our website. Quality Assurance will document your complaint and create a ticket for you to reference as we investigate how to best resolve the issue. All defects / order issues must be reported to MetalKards.com within 5 days of receiving your order. Customer orders have no re-sale value. Note: Because all Customer orders are custom products, all sales are final. If Customer believes the the error is verifiably due to Company, Customer must notify us immediately through the Contact Us page of our website within five (5) days of Customer’s receipt. If order is damaged during shipment, Company apologizes for the inconvenience and requests that Customer contact Shipping Provider (UPS, Fedex, USPS, DHL) to file a claim.

Determination of order defects is at the discretion of management. Client will be requested to submit digital photos to document the product’s defects. In some cases, Client will be required to ship defective product(s) back to Quality Assurance at their own expense and in an agreed upon reasonable time frame. In cases where the order is required to be shipped back to Quality Assurance at Client expense, MetalKards.com may reimburse Client for shipping if a defect is determined to exist.

Any charges related to artwork services and expedited orders, such as rush printing or shipping, are non-refundable for defective products unless Shipping Provider (UPS, Fedex, USPS, DHL) delivers a defective product or fails to deliver an order.

Turnaround time and shipping options for reprinted orders varies due to available production capacity and are at the manager’s discretion.

RIGHT TO REFUSE AN ORDER

Company reserves the right to refuse to produce, print or design any order Company deems inappropriate, disrespectful or offensive. We also reserve the right to refuse service or products to any person or organization.

SHIPPING AND DELIVERY OF PRODUCTS

Company will always strive to avoid any delays in production or shipping, however, Company will not be held responsible for any consequences or damages due to delayed production or delivery. Shipment and delivery dates are based upon estimates provided by Company’s shipment supplier(s). Company will not be responsible for delays in shipments due to shipping company delays, international customs issues, weather conditions or any other circumstances beyond Company’s control. Company is not responsible for maintaining Customers’ internal schedule. Company will strive to ensure that all delivery schedules are met in a timely manner. There will be an additional charge if any changes to the shipping address must be made after the order is placed. Note: Unexpected production or shipment delays may occur as a result of technical problems or equipment malfunction or failure. The shipment will be insured to the value of the Order with shipping carrier.

SHIPPING INSURANCE

By default, all packages are shipped with insurance for order value. We will do our best to pack your order to minimize damage during shipment, but cannot guarantee that damage will not occur. It is not always economically possible to always pack your order to fully comply with the rules for claim recovery with Shipping Provider (UPS, Fedex, USPS, DHL). It is customer’s responsibility to file a claim and work with Shipping Provider (UPS, Fedex, USPS, DHL) to get reimbursement for damages.

SECURITY

Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.

OTHER FEES

We will contact purchaser for authorization of any additional additional fees subject to an order. Jobs may be subject to other fees as follows:

• $100.00/hour — Custom design work for hire; 1/2 hour minimum.

This is not an exhaustive list; other fees may be incurred in special circumstances.

STORAGE OF FILES

Company stores Customer’s print files only as a convenience to Customer for reprinting orders with Company and does not assume any liability in case of Company losing said files.

SUBMISSION OF ARTWORK OR GRAPHICS

All files must be submitted in either RGB or CMYK color spaces with 100% vector artwork. CMYK will render more reliable and accurate color. However Company cannot guarantee any kind of color accuracy with RGB.

The resolution of the artwork file submitted depends upon the printed size of Customer’s project, however 300dpi+ is always recommended. Silkscreen items will be printed at highest possible resolution we can achieve within the limitations of silkscreen printing.

Company requires Customer submit print-ready artwork files in a .pdf, .eps, or .ai file format.

TAX EXEMPTION

The Customer order is subject to applicable state and local taxes in Colorado unless Customer has provided to Company a Government Sales Tax Use and Exemption Certificate form completely filled out denoting that said corporation is exempt from sales tax. Appropriate taxes will be applied to outstanding invoices unless the Exemption form is filled out and submitted to our site. See My Account page for submission of form.

TERMINATION

Company may suspend or terminate Customer’s account and/or Customer’s right to utilize the services made available through Company’s website in the event that it determines or has reasonable grounds to suspect that Customer is in violation of the terms and conditions set forth. Notwithstanding any of these terms and conditions that may suggest otherwise, Company reserves the right, without notice and in its sole discretion, to terminate Customer’s right to use the website for any reason or no reason at all, and to block or prevent future access to and use of the website by Customer. In the event Customer’s right to use the website is terminated, these terms and conditions shall still apply.

THIRD PARTY WEBSITES & LINKS

Our Website may contain links to other Websites that are not under our control (“Third-Party Websites”). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

WARRANTY

MetalKards.com guarantees that all our products will be free from defects in material and workmanship when they leave our production center for shipment. Due to a number of environmental and other factors (weather conditions, improper installation, storage by Customer, placement of signage, negligence, improper handling, modifications to signage not sanctioned by Company, damage caused by cleaning, vandalism, “Act of God”), beyond Company’s control, Company cannot guarantee the performance of, nor be responsible for the performance of, the products. Further, MetalKards.com cannot be held liable for any loss, however determined, caused by the conditions listed above.

WEBSITE AVAILABILITY AND LIABILITY

Customer’s use of the services and Company’s website is at Customer’s sole risk. The services and the website are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or use, any warranties of title, noninfringement, custom, trade, system integration or freedom from computer virus. Company does not warrant that the Company website will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected. In addition, Company does not warrant that information available on or through the Company website including, without limitation, estimated fees based on user-provided input, any sales transactions page or similar software function, are appropriate, accurate, timely, reliable, useful or available for use in any particular jurisdiction. Accessing the Company website from jurisdictions where their contents are illegal is expressly prohibited. In the event of a typographical error relating to price or quantity of an item featured or described on any Company website, Company reserves the right to refuse to fill any order(s) that relay on such typographical error. All prices and services listed on the Company website are subject to availability and limited quantities. Changes are periodically added to the information herein. Company may make improvements and/or changes in the Company website at any time, without prior notice. Customer acknowledges, by use of Company’s website, that Customer’s use is at its sole risk.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.

APPLICABLE LAW & OTHER TERMS

Our Website is created, operated and controlled in the state Colorado, in the United States of America. The laws of the State of Colorado will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Colorado, County of Arapahoe and/or Central District of Colorado in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.