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This Agreement governs your use of the Site and the TOTHEMARKET.com service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
TOTHEMARKET.com is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the TOTHEMARKET.com Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by TOTHEMARKET.com.
By using the TOTHEMARKET.com Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. TOTHEMARKET.com will notify you of such terms if your usage is in violation of such terms.
Additionally, TOTHEMARKET.com has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for TOTHEMARKET.com production.
You agree to not use TOTHEMARKET.com's Service to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
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TOTHEMARKET.com accepts online payment via credit card, debit card, or electronic check (ACH). All payments sent electronically are securely transmitted. TOTHEMARKET.com also accepts payment via purchase order for qualified customers. Invoices may be paid by check or credit or debit card.
TO THE MARKET's orders are generally delivered within 21 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 15% rush charge. Rush orders are delivered within 2 weeks. Delivery times may vary.
TOTHEMARKET.com goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, TOTHEMARKET.com accepts returns and will refund payment if and when customers are disappointed by TOTHEMARKET.com merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.
For Standard Delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order.
For Rush Delivery orders (any order requiring faster delivery than a Standard Delivery order), you may not change or cancel your order.
TOTHEMARKET.com will be responsible for acting only on those instructions sent to TOTHEMARKET.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. TOTHEMARKET.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. TOTHEMARKET.com is not responsible should you give incorrect instructions or if your credit card payment is not processed by your credit card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". TOTHEMARKET.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will TOTHEMARKET.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TOTHEMARKET.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
TO THE MARKET respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of TOTHEMARKET.com, please provide written notice to the following agent for notice of claims of infringement:
TO THE MARKET
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
You agree to defend, indemnify and hold TOTHEMARKET.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of TOTHEMARKET.com's Site and the Service, your violation of this Agreement, or your violation of any rights of another.
This Agreement shall be governed by the laws of the State of Delaware and, where applicable, by federal law.
