1. General terms and conditions
a. These Terms and Conditions ("Agreement") govern the use of the services that are made available by purebuttons.com, LLC ("PureButtons," "we," "our," or "us"). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click "Agree."
b. Your use of our services is subject to PureButtons Privacy Policy, which is found at https://www.purebuttons.com/about_us/privacy-policy
c. Usage: Your use of the PureButtons website (the "Service") must follow the rules in this section. Any other use of the Service is a material breach of this Agreement. PureButtons may monitor your use of the Service to ensure that you are following these rules: (a) your use of the Service is permitted solely for your personal, noncommercial use; (b) you will not copy or distribute any part of the Service in any medium without PureButtons’s prior written authorization; (c) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (d) you will otherwise comply with the terms and conditions of this Agreement.
d. Amendments/Modifications: PureButtons may change or modify this Agreement at any time and for any reason. We will notify individuals or entities that use the Service ("User" or "you") of changes or modifications to the Agreement via email and the revised agreement will be posted at https://www.purebuttons.com/about_us/terms-conditions . If at any time you do not agree with the Agreement, you must terminate your account. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
e. Age and Capacity Requirements: If you are between 13 and 18 years of age, your use of the Service must be supervised by a parent or guardian who is bound by this Agreement. By using the Service, you represent and warrant that you meet the age requirements and are able to enter into legally-binding contracts. If you are under 13 years of age, please do not use the Service.
2. Services
a. PureButtons offers you the opportunity to design custom promotional products.
b. Customizer Art Tool
i. PureButtons Customizer art tool is offered to you in an effort to make ordering easier. We make no claim that it should replace professional image editing software.
ii. Any stock designs or fonts provided by PureButtons for use in the Customizer art tool are fair-use or royalty free. Any uploaded text, artwork, photos, graphics, images, data, and other material ("Content") that you send to PureButtons must comply with the Intellectual Property terms in Section 4 of this Agreement.
iii. The Customizer art tool allows you to connect to your personal Instagram and Facebook accounts. These connections are established via approved methods created by Instagram and Facebook. To use the Customizer art tool with these services you must log in and approve the connection between your account and the Customizer art tool. After you have submitted your custom design, you may disapprove and remove the connection in your account. This will not affect the custom design that you have submitted. However, future designs would require a new connection approval. PureButtons does not have access to your Instagram or Facebook account login credentials or content. We do not keep or store your personal information or photos from these services.
iv. The Customizer art tool provides a digital proof that serves as an estimation of what your printed product will look like. PureButtons makes no guarantee that your order’s color or print clarity will match the proof you receive from the Customizer art tool. Computer and phone screens often provide a greater resolution and brighter colors than print can achieve. If color adjustment and reprints are required, a discount on the reprint may be offered at our discretion.
v. You are responsible for ensuring that your custom design will be readable and discernible when printed at the requested size. The Customizer art tool will often display your design larger than it will be in-hand when printed. Please ensure that your fonts and designs will be readable and discernible when printed at actual size.
vi. Upon completing your order you will be presented with a unique URL where you can view and share your digital proof. This URL will not be made public by PureButtons but will be accessible to anyone that has the URL by any means. You are solely responsible for this proof URL’s traffic.
vii. Once you have submitted your design to the cart, you cannot edit your custom design. If you notice an error in your design after finalizing the design but before checking out, you must delete and recreate the design or we can help make edits to your design for a small art fee. Please email or call us with your concern before submitting your order.
3. Artwork
a. All artwork submitted is analyzed to determine if it meets the minimum requirements regarding size and clarity of the submitted image for applying your design to the selected products. If minor modifications are required, we will make these free of charge. For significant modifications that exceed one (1) hour, we provide art services at $40.00 per hour.
4. Intellectual Property
a. PureButtons respects and is committed to the legal use of the intellectual property of others. PureButtons requires the same from you. Unless otherwise noted, the intellectual property rights of all Content made available through the Service are owned or licensed by PureButtons.
b. You are solely responsible for the Content that you upload or otherwise submit to PureButtons.
c. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use the Content that you submit.
d. You affirm, represent, and warrant that Content that you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have the permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and grant PureButtons all of the license rights granted herein.
e. For clarity, you retain all ownership rights to Content that you submit. We do not claim ownership to Content that you submit. Instead, by submitting Content to PureButtons, you hereby grant PureButtons a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and PureButtons’s business, including without limitation for promoting and in any format and through any media channel. This license allows us to prepare your requested product(s) without infringing on your intellectual property rights, in addition to providing us with the right to use your Content on the Service for advertising, marketing, etc. You can end this license at any time by deleting your Content or Account.
f. PureButtons does not permit copyright or trademark related infringing activities or infringement of other intellectual property rights on the Service, and PureButtons will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.
g. If you believe that your copyright, trademark, or other intellectual property right has been infringed, please notify PureButtons via email at info@purebuttons.com and provide the following information:
i. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
ii. a description of the copyrighted work and/or trademark claimed to have been infringed;
iii. a description of where the claimed infringing Content is located on the Service;
iv. your address, telephone number, and email address;
v. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law; and
vi. a statement by you, made under penalty of perjury, that the provided information is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
h. You agree to not use the 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.
i. PureButtons reserves the right and has the sole discretion to reject any order that it believes does not comply with this Agreement, such as, but not limited to, any order 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.
5. Termination
a. PureButtons may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that PureButtons believes is harmful to its business, or for conduct where the use of the Service is believed to be harmful to any other party.
6. User Responsibility
a. In order to access some features of the Service, you will be asked to create an account with your email address and a password. You may never use another’s account without permission. You acknowledge and agree that it is your responsibility to safeguard your email address and password that you select from any unauthorized use. IN NO EVENT WILL PUREBUTTONS BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR EMAIL ADDRESS OR PASSWORD.
b. When creating your account, you must provide accurate and complete information. You are responsible for maintaining accurate account information at all times. This information can be updated in "My Account."
7. Correction of Errors and Inaccuracies
a. The information and product listings on the Service may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product description, pricing, and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
b. In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your account or refund the amount in the manner in which the purchase was made by you. If we have overcharged you for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
8. Links to Third-Party Websites
a. The Service may contain links to third-party websites that are not owned or controlled by PureButtons. PureButtons has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, PureButtons will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieve PureButtons from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the PureButtons website and to read the terms and conditions and privacy policy of each other website that you visit.
9. Ordering Terms and Conditions
a. Payments are due at time of order. However, in the event of error, orders may be placed via phone or email. In this event, payments are due via phone or email at the time of order. For customers who select PayPal as their form of payment or do not process payment at the time of order, you may be extended a limited line of credit based on the following terms. A credit check may or may not be performed based upon information submitted with your order profile, and an appropriate limited line of credit may or may not be established at PureButtons’s sole discretion. We will notify you when your account is approved, generally within one (1) business day from when you submitted your order. In the event that you do not meet our minimum credit requirements, there may be other options available to you. Our Sales or Customer Service Representative will contact you to discuss those options.
b. All payments are due 15 days from the date of invoice. You will be invoiced immediately upon receipt of your order.
c. If you have an existing account, there are conditions under which your account may be placed on credit hold:
i. Your account is over 30 days past due;
ii. A check is returned for Non-Sufficient Funds;
iii. In the event of a debt being turned over to third-party collections; and/or
iv. If the combined amount of multiple orders exceeds your approved credit limit.
d. You authorize PureButtons to investigate your credit history and understand that PureButtons may utilize other sources of credit that it considers necessary. Such information will be held in strictest confidence. You agree to indemnify and hold PureButtons harmless from all liability, damage, or expense arising from or relating to any and all credit investigation. You accept that the findings of this investigation may not necessarily result in an approved line of credit, and may result in deposit, prepayment, or further security demand, or even termination, regardless of activity status.
e. You agree to pay PureButtons the sales tax or other taxes imposed on the sale of goods or provide an acceptable tax-exemption certificate.
f. Any tax, duty, custom or other fee of any nature imposed upon the products, their sale, transportation, delivery, use or consumption shall be paid by you in addition to the price quoted or invoiced. If PureButtons is required to prepay any such tax or fee, you agree to reimburse PureButtons. You must provide PureButtons with a resale/exemption certificate in order to avoid the withholding of applicable taxes. No refund or adjustment to previously withheld taxes will be made by PureButtons sixty (60) days after the invoice date. Proof of certification should be mailed to: purebuttons.com, LLC, 2991 Interstate Parkway, Brunswick, Ohio 44212 or faxed to (330) 273-1411.
g. In all cases where we have a check returned for Non-Sufficient Funds, we will assess a $50.00 fee.
h. A 1.5% monthly finance charge or the maximum permitted by law may be assessed against all accounts with past due balances. You agree to pay all of PureButtons’s reasonable attorney’s fees and all collection agency fees incurred in the collection of any amount owed and not paid when due.
i. PureButtons is not to be accountable for delays in delivery occasioned by Acts of God or other circumstances over which it has no direct control. Factory shipment or delivery dates are the best estimates, and in no case shall PureButtons be liable for any consequential or special damages arising from any delay in delivery.
j. In those instances where you are specifying a specific carrier and the freight is not being added to the invoice, all goods become your property at the time it is accepted by the carrier.
k. The invoice is a conditional acceptance by PureButtons of your offer to purchase goods. It may contain terms, which differ from or add to those contained in your purchase order, and to the extent that this is the case, PureButtons hereby expressly conditions its acceptance of your offer on your assent to the additional or different terms. Your receipt and retention of the goods covered by this invoice shall constitute acceptance of any such additional or different terms.
10. Order Changes / Cancellations
a. PureButtons will make every effort, upon your request, to change or cancel your order. If the order has not yet started the production process, no additional change or cancellation fees will be applied. In the case of changes, the setup fees may vary from the original quote depending on your requirements.
b. If the order has reached the pre-production set up phase, there may be cancellation or change charges that apply. All of these charges will be a direct pass through from PureButtons to you. In the case of changes, the setup fees may be different depending on your requirements.
c. If an item has begun production, unfortunately, we cannot stop or change the order. We can, if you wish, prevent shipment or redirect it. You will be charged the original amount quoted for all orders cancelled at this stage.
11. Over-Runs / Under-Runs
a. In certain instances you may receive an overage or a shortage on your order. Due to manufacturing quality and production standards there will occasionally be over-runs and under-runs. PureButtons will do everything possible to reduce this occurrence. The industry standard on most products is -5%.
12. Refund / Return Policy
Consult our Return Policy page.
13. Indemnification
a. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PureButtons from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising from or relating to (i) your use of the Service, (ii) your violation of any term of this Agreement, (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that Content that you submit caused damage to a third party. We have the right to control the defense, settlement, and resolution of any such claim, at your sole cost and expense. In no event may you settle or otherwise resolve any third-party claim involving PureButtons without our express written permission.
14. Assignment
a. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PureButtons without restriction.
15. Mutual Representations and Warranties
a. You represent and warrant to us, and we represent and warrant to you, that: (1) each of us has the full power and authority to enter into and perform this Agreement; (2) the execution of this Agreement and performance of our obligations will not breach, and does not conflict with, any other agreement or arrangement by which we are respectively bound; and (3) each of us understands and agrees that this Agreement is a legal, valid, and binding obligation enforceable by law according to its terms and conditions.
16. DISCLAIMER OF WARRANTIES:
The Service is provided "as is" and "as available." WE MAKE NO REPRESENTATIONS OR WARRANTIES OTHER THAN AS EXPRESSLY MADE IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. We do not represent or warrant that the Service or its use:
a. WILL BE UNINTERRUPTED;
b. WILL BE FREE OF INACCURACIES OR ERRORS;
c. WILL MEET YOUR REQUIREMENTS; OR
d. WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE THAT YOU USE.
17. Limitation of Liability
a. IN NO EVENT SHALL PUREBUTTONS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUREBUTTONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL PUREBUTTONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF PUREBUTTONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PUREBUTTONS'S LIABILITY TO YOU FOR ANY ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PUREBUTTONS FOR SERVICES DURING THE TERM OF THE AGREEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT PUREBUTTONS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
b. The website is controlled and offered by PureButtons from its facilities in the United States of America. PureButtons makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
18. Unenforceable Provisions
a. If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
19. Applicable Law
a. You agree that the Service shall be deemed (i) solely based in Medina County, Ohio and (ii) a passive website that does not give rise to personal jurisdiction over PureButtons, either specific or general, in jurisdictions other than Medina County, Ohio. These Terms of Use shall be governed by the laws of the state of Ohio and, where applicable, by U.S. federal law. Any claim or dispute between you and PureButtons that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Medina County, Ohio. YOU AND PUREBUTTONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
20. Waiver
a. No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision, nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
21. Entire Agreement
a. This Agreement, as may be updated from time to time and posted at https://www.purebuttons.com/about_us/terms-conditions , represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.
Please send any questions or comments regarding this Service to:
info@purebuttons.com
or
purebuttons.com, LLC
2991 Interstate Parkway
Brunswick, Ohio 44212