PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS AND CONDITION OF SALE
TERMS AND CONDITION OF USE: BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Executive Advertising YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Acceptance of Contract Terms: This User Agreement, and all of its terms and conditions, constitutes a legal contract between you and Executive Advertising (References to "you" or "your" shall relate to a customer of Executive Advertising or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Executive Advertising" shall relate to Executive Advertising and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understand, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Executive Advertising from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Executive Advertising from its offices within the United States. Executive Advertising makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of TN without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in SUMNER COUNTY, TN to hear any such claims.
Access, Interference and Linking: Executive Advertising grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Executive Advertising. The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Executive Advertising; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Executive Advertising. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Executive Advertising, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Executive Advertising's logos or other proprietary graphics or trademarks as part of the link without express written permission.
Executive Advertising does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Use Restrictions: The copyright in all material provided on this Site is held by Executive Advertising or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Executive Advertising or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Executive Advertising's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers. Executive Advertising and the Circle of Service logo are trademarks of Executive Advertising Copyright © 2006-2016 Executive Advertising.
Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Executive Advertising BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Executive Advertising OR A Executive Advertising AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Executive Advertising, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Cary, NC. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Executive Advertising reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Executive Advertising
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Executive Advertising for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Executive Advertising is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Executive Advertising or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Executive Advertising181 E Main St, Ste 4, Hendersonville, TN 37075Phone: 615-991-4000Email: [email protected]
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.
Executive Advertising Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH The Executive Printing. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Executive Advertising. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Executive Advertising" shall relate to Executive Advertising and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Executive Advertising relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by The Executive Printing. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Executive Advertising at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN WAKE COUNTY, NC FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Executive Advertising is Executive Advertising's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
Executive Advertising HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY The Executive Printing IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
California Shipments
For ceramic/glassware shipments going into California, Proposition 65 warnings must be used. Any ceramic and glassware products shipped to California will have a Proposition 65 sticker warning sticker. All Customers must notify TheExecutiveAdvertising.com that the shipment is going to California.
Third-Party Product and Y2K Disclaimer
All products sold by Executive Advertising are third party products and are subject to the warranties and representations of the applicable manufacturers. Accordingly, Executive Advertising makes no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Executive Advertising reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! If you check out an item and the pricing is incorrect (Product or Shipping), TheExecutiveAdvertising.com reserves the right to charge your credit card for the difference in your check, this action would only occur within 48-hours of your checkout. If the quantity is over $50, TheExecutiveAdvertising will notify you for approval before your credit card is charged. While Executive Advertising uses reasonable efforts to include accurate and up-to-date information on the Site, Executive Advertising makes no warranties or representations as to the Site's accuracy. Executive Advertising assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
Executive Advertising WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Executive Advertising WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Executive Advertising IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Executive Advertising until accepted by Executive Advertising. Terms of payment are within Executive Advertising's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Executive Advertising may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
INTERNATIONAL SHIPPING, DUTIES, & TAXES
Currently we do ship internationally using a third party shipping vendor, Bongo International (www.Bongous.com). All duties and taxes would be paid directly to them when your order leaves the United States. In select cases we may directly ship international without using a third party vendor, in this case the customer is responsible for all duties and taxes incurred with their order. If the duties and taxes are not paid at the time of delivery, we will revised your invoice and charge the duties and taxes to the credit card that was used to purchase your order. Immediately you will receive a revised invoice showing the additional charges.
RIGHT OF REFUSAL
ExecutiveAdvertising.com reserves the right to refuse any customer's order without explanation, if your order is refused and production has not started you will be granted a full refund for your order.
PRODUCT SIZE VARIATION
Variances in product size, color, or overall experience can and should be expected. We strongly recommend requesting a sample of the current inventory for a particular product before placing a full bulk order to compare against expectations.
Executive Advertising will make every attempt to provide the most accurate information possible for all our products offered. However, all sizes listed in the website are ESTIMATES and APPROXIMATE ONLY, and based off the information from the product manufacturer. Product sizing may vary up to 5% in any dimension and claims cannot be honored if product sizing is not an exact match to the approximate sizes listed on the website. Product sizing may also vary from lot to lot, and exact matches to previous inventory is not implied or guaranteed.
Hand Cut Items: for any item that is hand cut, or trimmed down from a bleed size, variation in sizing can be expected. This can be from piece to piece, or from order to order. Claims will not be accepted based on variations within this reasonable tolerance in size and must be considered acceptable to the customer/end user upon receipt.
PRODUCT COLOR VARIATION: COMPUTER MONITOR VS. REAL LIFE EXPECTATION
When you look at objects on a computer monitor or smart phone verses looking at the objects in real life, product colors may appear different and have variations based on monitor color settings. These variations are considered acceptable and quality control claims cannot be submitted for this issue. However if you appear to have drastic color changes, we encourage you to Report a Problem so that we can make sure that you did receive the right product color.
FREIGHT POLICY
Shipping and handling charges on all orders vary; contact your Executive Advertising account manager for our most current and competitive rates, options and shipping specials. In some circumstances, international shipping may be available. Executive Advertising reserves the right to use FedEx or UPS shipping methods interchangably. Call for additional details.
IN-HANDS DATE or DELIVERY POLICY
We do not guarantee any IN-HANDS or DELIVERY DATES with our products. We will do our best to meet your IN-Hands Date, however we do not guarantee our products turn times. If your order is needed WITHIN 3-4 weeks please specify your IN-HANDS Date with your account manager or in the CHECKOUT Questions of the website. TheExecutiveAdvertising.com meets most of our IN-HANDS Dates, however we simply can't guarantee what is not in our control.
RUSH ORDER POLICY
If you pay for increased Shipping or a Rush Service, TheExecutiveAdvertising.com will make every attempt to meet your IN-HANDS Date, however because of circumstances beyond our control TheExecutiveAdvertising.com can not guarantee any IN-HANDS or DELIVERY DATE, even if a Rush Fee is paid, we cannot guarantee any IN-HANDS Dates. If your pay for a 3-Day Rush, you need to have your ORDER COMPLETED and ARTWORK into us before 11am that day to ship on the 4th business day. Again the we cannot guarantee your Delivery Date.
RETURN POLICY: PROMOTIONAL PRODUCTS
Because each product is unique and customized for our customer's personal needs, THERE ARE NO REFUNDS ON ALL SALES THAT PRODUCTION HAS BEGUN, PRODUCTS ARE IN-PRODUCTION, SHIPPED, OR DELIVERED. In these situations, TheExecutiveAdvertising.com has a No Refund Policy. FULL REFUNDS May occur if the product purchased is out of stock or discontinued, or if the customer has been mischarged. IF AN ORDER IS CANCELLED BY THE CUSTOMER BEFORE PRODUCTION the customer may only be charged an artwork recreation fee of $20-30 per artwork revision.
RETURN POLICY: DECORATED APPAREL
Decorated apparel that is decorated in any way, such as screen printing or embroidery, is not returnable or refundable unless there is a manufacturing or screen printing claim. We always recommend ordering blank/non-printed apparel to make sure that you are satisfied with the garment quality and sizes before ordering a full decorated order. NOTE: If the wrong sizes are ordered on decorated apparel, the items are not refundable.
RETURN POLICY: BLANK / NON-PRINTED APPAREL
BLANK / NON-PRINTED GARMENTS ARE RETURNABLE AND REFUNDABLE FOR THE FULL PRICE OF THE GARMENTS as long as the items are in the original condition as they were received and returned within 15 calendar days from the delivery date. THE CUSTOMER IS RESPONSIBLE FOR SHIPPING TO AND FROM for any blank apparel orders UNLESS there is a manufacturing issue with the garments in which you will need to contact customer service to start a claim if your order is defective.
FOR ANY RETURNS OR EXCHANGES OF BLANK APPAREL A RETURN AUTHORIZATION NUMBER IS REQUIRED: Please contact customer service for the shipping address and the Return Authorization Number (RA#). The RA# MUST BE LISTED ON THE OUTSIDE OF THE PACKAGE BEFORE SHIPPING BACK OR THE RETURN MAY BE REFUSED. Executive Advertising is not responsible for shipping or product replacement on returned orders sent without an assigned return authorization number.
FREE AND PAID SAMPLE POLICY
Free and Paid Samples are designed for you to see the quality of the product before ordering. Samples under $10 are non-refundable and Samples over $10 may be refundable depending on the product, contact customer service for details. All samples are shipped via UPS or FEDEX Ground. Estimated shipping cost is $8.00. There is NO CHARGE for Samples under $5, but you are required to pay for shipping. USPS First Class Mail typically is not available. For multiple samples, a $8.00 shipping charge will apply to each group of products from a given factory. Shipping for any of our samples is not refundable.
HAND SANITIZER PRODUCT DISCLAIMER
Hand Sanitizer is considered dangerous goods due to their alcohol content and cannot ship air freight due to DOT regulations located in Title 49 of the code of Federal Regulations. Air shipments of hand sanitizer will be subject to hazmat shipping fees. Shipments to Alaska and Hawaii can only be shipped via air. Hand Sanitizer is not shipped internationally and fall under FDA OTC (Over the counter) drugs for cosmetics. They are not eligible for shipment to any foreign country due to the wide range of regulations around the world.
All labeling requirements for Over-The-Counter Drugs laws and regulations are followed and cannot be deviated under the FDA Title 21, Volume 4, CITE: 21CFR201.66.
OTC drug products are shipped with expiration dates ranging from six to twenty-four months from the date of sale. Executive Advertising is unable to guarantee specific expiration dates within that range, orders will not ship out with expiration dates inside of six months from the date of sale. All lot numbers and expirations date are kept on file for up to 5 years of manufacture date.
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