Terms and Conditions

Terms of Use

We welcome You to a website (“Site”) associated with Indy Tees, L.L.C. , Inc. (“Indy Tees, L.L.C. ”), a leading international manufacturer, distributor and direct supplier in the field of custom textile printing.
 

As updated from time to time as provided for herein, these Terms and Conditions govern Your access to and use of the Site and Your purchase of Products (defined below) from Indy Tees, L.L.C. . You should carefully read these Terms and Conditions. Your use of the Site means that You have read and understand these Terms and Conditions, and that You have entered into a binding legal agreement with Indy Tees, L.L.C. . If You do not accept and agree to be bound by all of the Terms and Conditions You should discontinue Your use of the Site. If You are using the Site on behalf of Your employer or any other individual or entity, You represent and warrant that You have the authority to bind such employer, other individual or entity.
 

Indy Tees, L.L.C.  reserves the right to change the terms and conditions of the Agreement, the Privacy Policy, and/or any of its other policies relating to or linked to the Site, at any time in its sole discretion. No notice is required for any such modification. Any modification is effective immediately upon posting to the Site. You are responsible for regularly reviewing the Site and the Agreement regarding such changes. Your continued use of the Site following posting of any modification(s) to the Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Site.
 

To the extent that terms and conditions associated with any Purchase Order are inconsistent with the Terms and Conditions of this Site, the present Terms and Conditions shall be controlling. Terms and conditions other than those contained herein or in a specific Purchase Order are subject to Indy Tees, L.L.C. ’ prior written approval.

Definitions

The “Company” means Indy Tees, L.L.C.  and any and all related entities (e.g., affiliates and subsidiaries), and their respective members, officers, directors, employees, affiliates, agents, attorneys, licensors and representatives.

“Content” means, without limitation, text, graphics, photos, graphs, artwork, marketing tools, marketing works, copyright-protectable subject matter, trademarks, service marks, illustrations, images, characters, logos, button icons, clip art, audio clips, digital downloads, data compilations, software and software hyperlinks, video, music, or other audio clips, and any other information, materials, or services that are accessible from the Site (e.g., that may be contained in, displayed on, downloaded from, or uploaded to the Site).

“Apparel” means Company’s Branded and Private Label Apparel Products.

“Products” means any goods or products made available to You by Company on, by or through any Site, including Apparel. “Services” means any services made available to You by Company on, by or through any Site.

“Site” includes the Site, all other Company owned or operated websites or sites, and all subsequent pages made available by or through the Site and such other Company websites. Please note, however, that the Site may contain links to third party websites or sites as discussed in more detail below. Once such a third-party link has been accessed, a User is no longer accessing the Site.

“User” means a person who uses, or who has registered to use, the Site.

“You” and “Your” means You, an individual user entering into the Agreement, or the individual or entity on whose behalf You enter into the Agreement and encompasses all principal(s) or officers(s), partners, shareholders, officers, directors, employees, or authorized representatives thereof.

Your Use of the Site

A. The Site includes Content and other original works of authorship (including, but not limited to, derivative works based on graphical scans or typed text of public domain materials) that are both proprietary and intellectual properties of the Company or its suppliers and are protected by both the terms of the Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, trade secret, and right to privacy or publicity laws.

(1) Copyright. All Content included on the Site with the exception of Content You upload is the property of the Company, its suppliers, or their respective licensors and is protected by United States and international copyright laws. The compilation of all Content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of the Company, its suppliers, or their respective licensors, and is protected by United States and international copyright laws. The respective owners and licensees of any copyrights included in the Site retain and reserve all of their rights related to such copyrights.

(2) Trademark. The Site may include various registered or unregistered trademarks or service marks of the Company, its suppliers, or their respective licensors. The respective owners and licensees of any marks included in the Site retain and reserve all of their rights related to such marks.

(3) Patent. One or more patents may apply to the Site and to the features, products, and services accessible therein, including U.S. and foreign patents. Moreover, the Company has various patents pending.

(4) Trade Secret. The Site may contain software or other information that is confidential and proprietary to the Company, and/or protected by the trade secret laws of the individual states of the United States and of foreign countries. As part of the Company’s efforts to maintain the secrecy of such information, You are prohibited from decompiling, reverse engineering and/or disassembling any portion or the whole of the Site.

(5) Rights to Privacy or Publicity. Using a broad definition, these legal concepts apply to the right of every individual to control any commercial use of his or her name, image, likeness, or some other aspect of identity, limited under (United States Federal law) by the First Amendment. An individual further has a qualified legal right to reasonable privacy in not having his or her private affairs made known or his or her likeness exhibited to the public having regard to habits, mode of living, and profession. These legal concepts are applied differently depending on the jurisdiction, but You should be cognizant and careful of an individual’s rights to privacy or publicity.

B. Through the Site, Company may make available to You certain Content, Services and Products. Company and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to You herein, You neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

C. The Company grants to You a personal, limited, revocable, non-exclusive and non-transferable license to:

(1) Use the Site as provided herein, until the Agreement is terminated;

(2) Access, load, store and operate the Site with browser software;

(3) Access, view, download, print, use, display and upload Content for use as provided herein;

(4) Display, download and print portions of the Site as necessary to investigate and/or purchase Product(s) and/or Service(s), subject to the limitations in the Agreement.

All rights not expressly granted by Company to You are retained by Company, and You may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms and Conditions. The rights granted to You do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

D. Notwithstanding the above, You shall NOT:

(1) Decompile, reverse engineer and/or disassemble and/or create derivative works from the Site;

(2) Remove, modify, hide, destroy, obscure or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on or within the Site, component thereof or output therefrom, including, but not limited to, any and all copyright, trademark and patent designations, if any, contained on or within the Site;

(3) Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Site to any third parties;

(4) Except as otherwise provided herein, use the Site for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of the Site, except that if You are permitted to upload or post Content in a manner that is otherwise consistent with the Agreement;

(5) For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Site or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;

(6) Store the accessed, used, or downloaded Site in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;

(7) Assign, rent, lend, lease, sell, redistribute, republish, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Site;

(8) (a) co-brand the Site, (b) “frame” or “mirror” the Site on any other server or Internet-based device, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of the Company. For purposes of the Agreement, “co-brand” or “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

E. You agree not to use the Site to engage in any prohibited conduct. In general, prohibited conduct is any conduct that would be a criminal, civil or administrative violation of any applicable local, state, federal or international law, treaty, court order, ordinance, regulation or administrative rule. Prohibited conduct is also any conduct that is infringing, tortious or that is harmful to the Company or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any Service, system or other property including the Site. Prohibited conduct includes, without limitation, using the Site to (i) intercept, divert or otherwise interfere with any communication; (ii) violate the security or integrity of, or gain unauthorized access to, the Site or any other Service, system or communication; (iii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iv) unsolicited or unauthorized advertising, promotional materials, junk mail, “spam,” chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (v) create a “mail drop” for such communications, or engage or permit email relay services; (vi) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting one’s identity or affiliation in any way or forge, delete or alter any part of TCP/IP packet header or sender identification in any communication; (vii) commit fraud; (viii) harass or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (ix) disseminate viruses, Trojan horses, worms, time bombs or other code or programming intended to damage, interfere with, intercept or expropriate any system, data or information; (x) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (xi) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; (xii) send or receive material containing defamatory, false or libelous material; (xiii) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; (xiv) send or receive any material that You do not have a right to make available under law or contractual or fiduciary relationships; (xv) engage in conduct that would expose the Company to civil or criminal liability; (xvi) assist others in engaging in prohibited conduct. This list is not intended to be exhaustive.

F. The Site may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Site. Any attempt to tamper or dismantle these protections is a breach of the Agreement, and may be a violation of the United States Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.

G. Links to and from other websites: The Site contains links to other websites, and other websites may contain links to the Site, such websites not being owned by, or under the direct control of, the Company (“Linked Websites”). The Linked Websites are not under the control of the Company, and the Company does not endorse, is not affiliated with, and is not responsible for, any Linked Websites, including the functionality of the links to or from, Content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. Company has not taken any steps to confirm the accuracy or reliability of any of the information contained in any Linked Websites. The Company is not responsible for licensing to You any Content or application provided by or through a Linked Website, and Your use of Content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. You use Linked Websites, and links to and from any third party website, at Your sole risk. For example, the Company is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website. The Company provides links to You only as a convenience, and You hereby irrevocably waive any claim against Company with respect to all Linked Websites.

H. The Company may use any actions performed on the Site and Content posted to the Site by Users to improve the Site, the use including, but not being limited to, collection, storage, display, aggregation, summarization, and any other processing of the posted Content or performed actions.

I. You hereby grant to the Company the royalty-free, paid-up, perpetual, irrevocable, worldwide, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information communicated to the Company through this site, including without limitation data collected from You (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. In general, unless an exception is noted when a Submission is made or in a separate agreement between You and the Company relating to a particular Submission, or unless an exception exists under applicable law, regulation, or the Company’s Privacy Policy, the Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

J. Accounts.

(1) When You set up an account with the Company through the Site (the “Account”), You are required to enter a valid email address, a username and a password and Your country of residence. Should Company suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your usage of the Site. Company is entitled to rely on the information You provide and You will be responsible for updating this information to maintain it as current. Accounts are non-transferable.

(2) Each User who uses such username and password will be deemed to be authorized to access and use Site and the Company has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE AND APPLICATION BY ANYONE USING YOUR USERNAME AND PASSWORD WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE AND APPLICATION IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.

(3) You are solely responsible for protecting the security and confidentiality of Your username and password. You shall immediately notify the Company of any unauthorized use of Your username and password, or any other breach or threatened breach of the Company Site’s security.

K. All images, photographs, pictures, designs and illustrations that Company may provide to You on the Site for possible use with a Product that You purchase (“Image Library”) are protected by copyright law and other applicable laws and regulations. Items in any such Image Library may only be used in conjunction with a purchase from Company. You may not use any item in an Image Library for any purpose unrelated to Your business with Company. Items in an Image Library may be updated from time to time and it is Your responsibility to make sure You use an available Image Library item. Any items not currently found in an Image library may not be used for any purpose.

Colors

We try to display as accurately as possible the colors of our Products shown on the Site. Unfortunately, the actual colors You see will depend on Your monitor, and we do not guarantee that Your monitor's display of any color will be accurate. The colors shown on the Site are for reference only. Thus, the Company takes no responsibility whatsoever for any variances between the appearance of colors or graphics displayed on Your monitor and any finished Product.

Links to Other Web Sites and Services

The Company does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. The Company does not necessarily endorse, sanction, or verify sites that link to the Company’s Site, even if any logo or mark of the Company is used as part of the link to this Site.

Modifications

A. To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Site, or linked to the Site, at any time. No advance notice is required for any such modification. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy to any dissatisfaction with any modifications is to cease use of the Site as provided for above.

B. We have the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site without notice. We may also impose limits on certain features and services or restrict Your access to parts or all of the Site without notice or liability.

C. In addition to our right to make modifications to the Site as set forth above, the Company reserves the right, for any reason or no reason at all, and in its sole discretion, to modify or remove any Content You have provided to the Site.

Payment

A. You shall purchase Products in accordance with Company’s price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, tariffs, customs, duties, and other governmental charges. You shall pay or reimburse Company for any and all such charges. Payment for Products must be made without discount in United States dollars.

B. In the event You do not timely pay the amount due pursuant to any credit agreement Company may have with You, You agree to pay a delinquent finance charge up to the maximum permitted by any applicable law, including, but not limited to the laws of the State of Indiana. Payment of any such finance charge will not excuse or cure a breach or default for late payment. Any amounts not paid by the due date will be subject to a finance charge at a rate equal to the lesser of 2% per month or the maximum rate allowed by law.

C. Company reserves the right to grant credit at its sole discretion upon Company’s approval of Your credit application. Company also reserves the right to terminate such credit at any time at its sole discretion for cause or for no cause at all.

D. Returned payment instruments (e.g., checks) for insufficient funds or a stop payment are subject to a fee to be determined by Company at its sole discretion and shall be at least $25.

E. Company reserves the right to charge a $3.95 handling fee when using a third-party shipping account

F. Company reserves the right to charge a processing fee when an order is below a threshold amount.

G. Late payment of any amount shall be grounds for Company to discontinue performance.

H. Payment shall not be considered final until freight charges and taxes billed to You have been paid.

I. You remain responsible for all shipping and handling charges including, without limitation, failure by a consignee to pay shipping charges, failure by any third party to pay shipping charges, an incorrect or invalid shipping account number, or incorrect contact information.

J. Credit Cards: We accept Visa, Mastercard, American Express and Discover. Your credit card will not be charged until Your transfer order ships. A declined credit card may cause a delay in shipping Your order. You will be notified of any orders in which a credit card payment has been declined. Company must hear from You by 4 p.m. (EST) to ensure that the shipment remains on schedule. Shipments will be held until the following day if You contact Company after 4 p.m. (EST).

Pricing

All prices are subject to change without notice. Company assumes no responsibility and shall incur no liability whatsoever if price change notices are not received. In the event of new taxes or legislation affecting the cost of Products, Company reserves the right to increase prices as it deems appropriate or necessary.

Returns and Exchanges 

All Sales are FINAL.

We do not accept returns or exchanges for any reason. 

Damages and issues 

Please inspect your order immediately upon delivery and contact us  within 72 hours if your items are defective, damaged or if you receive  the wrong item or are missing an item, so that we can evaluate the issue  and make it right.

If your order gets returned to us due to insufficient address or  incorrect address on your order, you will need to pay shipping again in  order for us to reship this back to you.

Your Representations & Warranties

You represent, warrant and covenant that:

A. You are at least 18 years old or older. The Site is intended only for those ages 18 or older. If You are under 18, You may not register or submit personally identifiable information on, to or through the Site. Company does not collect personally identifiable information from any person it knows to be under 18.

B. You are entering the Agreement with a sound mind and not under duress or emotional distress.

C. Any information that You have or shall provide to the Company through the Company Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself. You shall not impersonate any other individual or entity.

D. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Site and with respect to any Product or Service related thereto.

E. You shall not use the Site to infringe, misappropriate or violate any rights of the Company and/or any third party, including, but not limited to any User of the Company or any entity associated with or visiting the Site.

F. You shall comply at all times with the Agreement, including any modifications to the Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein.

G. You shall not upload or use any Content that does not meet acceptable community standards, including Content that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability; or containing defamatory, false or libelous material.

H. The unauthorized use of the trademarks (whether registered or not) or copyrighted material (e.g. designs) is illegal. You represent and warrant that You do not violate any rights whatsoever of any third party with respect to any uploaded Content and its use by Company pursuant to any order You place. Thus, You are the owner or permitted licensee of any Content that You upload or provide to the Site, and have the complete right and ability to provide such Content to the Site according to the terms of the Agreement. This further means that such Content may be printed on or otherwise applied to the products ordered by You without violating any rights of any third party, including, but not limited to (i) any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; and (ii) any right to make available under law or contractual or fiduciary relationships. Among other things, You thereby represent and warrant that You have the right to use, copy and distribute each and every trademark, service mark, trade name, logo, phrase, graphic, artwork, name, image, photograph, portrait, picture or illustration of anything that You upload to the Site including its reproduction on a product You buy on the site.

The burden of compliance of this provision rests solely with You. You are wholly responsible for obtaining all proper permissions and licenses from third parties whose rights may be violated or infringed by the use of any material protected by any Intellectual property right or other proprietary right. The Company has no duty or responsibility whatsoever to determine whether You have complied with any of Your representations, warranties and covenants. As set forth below, You fully indemnify Company from assertions made by any third party related to Your failure to comply.

I. Your use of any Company supplied Content that may be printed on or otherwise applied to the products ordered by You is wholly limited to such printing or application. No further use of such Content is allowed whatsoever including any or all derivative works. Among other things, this means that designs created from Content such as clip art provided by the Company are in no way the exclusive property of Users or their customers who assemble such designs.

Indemnification

You agree to indemnify, defend, and hold the Company harmless for, from and against all liabilities, losses, claims, actions, expenses and damages (including attorneys’ fees and expenses including the cost of collection on any past due invoice) resulting from Your breach of this Agreement or use of the Site, including without limitation (1) any breach of foregoing representations and warranties, or (2) any actual or alleged infringement of a third party’s intellectual property rights. Without limiting the generality of the foregoing, You agree to indemnify, defend and hold Company harmless for, from and against any improper or illegal use of Your account, including the improper or illegal use of Your account by someone to whom You have given permission to use Your account. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys’ fees following the Company’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.

Force Majeure

Company shall not be responsible or liable for any delay or failure in performing its obligations under this Agreement to the extent such delay or failure is the result of causes outside of its reasonable control, including, without limitation, power outages, accidents, strikes, fires, war or acts of God.

Please Contact Us

We are always happy to listen to Your comments and answer Your questions.