BuildASign.com Terms of Sale
Last Revised 07-10-2015
1. Acceptance of Terms
Your purchase of Build A Sign LLC products or services is subject to this Terms of Sale. By clicking the "PLACE ORDER NOW" button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of Build A Sign LLC services and your use of the Build A Sign LLC Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the Build A Sign LLC Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
2. Content of Your Purchase
The primary value of the Build A Sign LLC Website (Web Site) is the ability for users and potential purchasers ("Users") to create signs and graphics that display any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no Build A Sign LLC employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the signs or graphics created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that signs that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the tool on the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Realm of Control" refers to any part of a sign that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While Build A Sign LLC does not review the content of your sign or product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of Build A Sign LLC that you have violated the Terms of Service or this Terms of Sale, you agree that Build A Sign LLC will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property, as provided in Paragraph 7.2 of the Terms of Service.
3. Color Matching
Build A Sign LLC sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view Build A Sign LLC products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
Further, computer monitors display images with light and use a standard known as RGB to do so. Build A Sign LLC produces products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that Build A Sign LLC does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. Build A Sign LLC works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
Build A Sign LLC sells products made out of several different types of materials: Corrugated Plastic, Aluminum (040 Aluminum) (020 Aluminum for License Plates), Art Board (PVC Foam Board), Decal (Digitally Printed Vinyl), Banner (Vinyl Banner), and Bumper Sticker (Digitally Printed Vinyl).
You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. Build A Sign LLC only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that Build A Sign LLC is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
As an example, you agree Build A Sign LLC is not responsible if the Corrugated Plastic received by the purchaser is not what the purchaser envisioned Corrugated Plastic would be.
You agree that all products produced and sold by Build A Sign LLC are for novelty purposes only. Build A Sign LLC does not make any claims about the legal compliance or registration of signs, license plates, or any other products sold by Build A Sign LLC or by a Build A Sign LLC affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs, license plates, or other products permitted for your particular use.
5. Uploaded Images
Build A Sign LLC permits users to upload images onto their signs and products through the Build A Sign LLC Web Site. You agree that Build A Sign LLC is not responsible for the quality of the images you upload. The Build A Sign LLC Web Site attempts to make a "best guess" as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Web Site assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that Build A Sign LLC is not responsible for ensuring quality images for any image file format available on the Web Site.
6. Clip Art
Build A Sign LLC offers a broad range of clip art available on the Web Site for use with your signs and products. You agree that this clip art is for novelty purposes only and are not meant to be taken as official symbols, art or graphics. You also agree that with the exception of the Realtor(R) clip art, none of the clip art has been approved through official organizations or groups.
7. Production Time
Build A Sign LLC works hard to ensure orders will be produced and arrive to our customers by their guaranteed delivery date. The "date of order" is the calendar date of order if the order is placed before 4:00 pm Central Time Monday- Friday and is considered placed on the next business day if the order is placed between 4:00 pm and 11:59 pm Central Time or is placed on weekends.
This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday of the same week. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree that Build A Sign LLC will take at least 3 business days to produce your order and that it may take longer than 3 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time Build A Sign LLC deposits such purchased goods with its designated shipper.
8. Return and Refund Policy
You agree that Build A Sign LLC guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to Build A Sign LLC. Upon receipt of the product or the photograph, BuildASign will send a replacement of the product, issue a store credit, or will issue a refund via the original payment method for the purchase value of the failed or broken product(s). Build A Sign LLC credit can be used on the Build A Sign LLC website for any purchase.
Build A Sign LLC does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Build A Sign LLC. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Build A Sign LLC as to the cause of the failure or breakage.
9. Changes to Your Order
Build A Sign LLC provides many opportunities to review, revise and cancel the order process before actually placing your order. Build A Sign LLC is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that Build A Sign LLC is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A Build A Sign LLC employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
10. Alterations to 4'x8' Corrugated Plastic
One of Build A Sign LLC's goals is to provide you with the quality products at the lowest delivered cost possible. To that end, we may make modifications to some products in order to reduce the cost to our customers. For instance, a 4'x8' board cannot be shipped at ground shipping rates; it must ship freight which is far more expensive for smaller orders than ground. To enable orders of 1-12 4'x8' corrugated plastic signs to ship at ground shipping rates, we may slit the back of the boards in two places so that it folds to a third of its width. Once delivered, the boards can be easily unfolded to their original 4'x8' width. If you do not approve such alterations, you must contact us within 24 hours to notify us of your objection, in which case you will be charged the difference between ground and freight shipping.
11. Dispute Resolution/Waiver of Jury Trial
All disputes arising out of, relating to or connected with these Terms of Sale or your use of any part of the BuildASign.com Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Build A Sign LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the BuildASign.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale or your use of any part of the BuildASign.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section, Build A Sign LLC may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.