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Terms & Conditions Of Use

Last updated November 22, 2022

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. Etchiton, Inc (“Etch It On,” “we,” “us,” or “our”) maintains this website (the “Site”) as a service to Etch It On customers, and by using the Site you are agreeing to comply with and be bound by the following terms of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services, or products from the Site.

1. Entire Agreement.  This Agreement, and all Etch It On policies referenced herein, constitute the entire and only agreement between Etch It On and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on Etch It On only if agreed in writing by you and an authorized representative of Etch It On. This Agreement may be amended by Etch It On at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Use of the Site. By accessing the Site and/or ordering any product, you are agreeing to not use Etch It On’s Services or the Site 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.

3. Accounts, Passwords, and Security. Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site. If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. For more information regarding Etch It On’s use of your personal information, please see our Privacy Policy. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Etch It On immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. Etch It On is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

4. Verifying Your Address. Etch It On reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from Etch It On.

5. Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by Etch It On in its sole discretion.

6. Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, Etch It On does not waive any right in such information and materials.

7. Product Information and Colors. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. The prices displayed on the Site are quoted in U.S. Dollars.

8. Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

9. Limited Right to Use. The viewing, printing, or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any Etch It On content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of Etch It On, in any other manner that is likely to cause confusion among consumers, that disparages or discreates Etch It On and/or its licensors, that dilutes the strength of Etch It On, or that otherwise infringes Etch It On’s intellectual property rights.

10. Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at customerservice@etchiton.com, and provide the following information (“Notice”):

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
  • Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that this procedure is exclusively for notifying Etch It On that your copyrighted material has been infringed. Upon receipt of your notification, Etch It On will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.

11. Privacy Policy and Use of Information. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information. Etch It On reserves the right, and you authorize Etch It On, to collect and use all information regarding use of the Site by you and all information provided by you in any manner consistent with Etch It On’s Privacy Policy. Please read our Privacy Policy for more information about our collection, use and disclosure practices. The Privacy Policy also provides separate options for individuals to lodge complaints in relation to the Privacy Policy and your personal information.

12. Credit Card Payments. You represent and warrant that if you are purchasing something from Etch It On with a credit card that (i) any credit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. Etch It On does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in Etch It On’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.

13. Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Etch It On will not be liable for any loss or expenses which you may incur because of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

14. Links to Other Web Sites. The Site may contain links to other websites. Etch It On is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Etch It On. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by Etch It On. If you decide to leave the Site and access these third-party sites, you do so at your own risk.

15. Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to Etch It On (collectively, “Submissions”) shall be deemed and shall remain Etch It On’s sole property and shall not be subject to any obligation of confidence on Etch It On’s part. Without limiting the foregoing, Etch It On shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Designs created using the text tools and images available through the Site are in no way the exclusive property of the customers who assemble such designs. Etch It On retains the right to display such designs or offer them (or variations of such designs) to other customers. Furthermore, Etch It On provides no warranty that designs created using our text tools and images will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party.

Etch It On reserves the right to re-purpose submitted artwork for marketing materials, including but not limited to: social media channels, website materials, advertisements, and print materials.

16. Custom Products. Etch It On values respect, tolerance, and open dialogue, and we serve a diverse and varied customer base. Etch It On has the sole discretion to reject any order that we deem inappropriate for production, including those designs or text that we deem to:

  • Contain obscene, vulgar, or profane content, including hate speech or symbols,
  • Contain explicit sexual content or innuendo,
  • Encourage violence, hate, or negative stereotypes against individuals or groups,
  • Attack, harass or discriminate based on race, religion, ethnicity, gender, disability, national origin, sexual orientation, or gender identity,
  • Incite public outrage or inspire violence,
  • Portray or promote irresponsible use of alcohol or other substances, or
  • Libel or defame an individual or group.

By purchasing any custom product on or through the Site, you represent and warrant that your requested design does not violate anyone else’s rights, including copyrights, trademarks, trade secrets, privacy, or other rights. Etch It On may terminate the account of any customer who infringes, or may infringe, the copyright, trademark, or other intellectual property rights of others.

A customization fee applies for all custom products. Please review your customized item carefully prior to submitting your order; customized items may not be cancelled or returned once the order has been submitted. Etch It On is not responsible for any errors or mistakes that have been approved.

17. Return Policy. Etch It On ‘s return policy is a part of this Agreement. Etch It On does not accept returns of customized products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery.

18. Order Modification/Rejection. Etch It On reserves the right to reject or modify any order, whether such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, Etch It On will issue a credit to your credit card account for the amount rejected.

19. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL ETCH IT ON OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING ETCH IT ON’S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ETCH IT ON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

20. Disclaimer. Etch It On makes no representations about the reliability of the features of the Site, the Etch It On content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated, and administered by Etch It On from within the United States. Etch It On makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.

21. Promotions and Promotional Communications. On the Site, you may be able to participate in or sign up for surveys, sweepstakes, contests, and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address, telephone number, and birth date. We use the information you provide to us in accordance with our Privacy Policy. The Promotions may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms.

22. SMS Service. BY SIGNING UP FOR OUR OPT-IN SMS SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF OUR SMS SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING SMS TERMS OF SERVICES, INCLUDING THESE TERMS AND CONDITIONS OF USE AND THE ETCH IT ON Privacy Policy. Etch It On may send you text (“SMS”) messages that contain promotions and marketing content. By opting-in to Etch It On SMS messages, you agree to receive recurring autodialed marketing messages to the telephone number used at the time of opt-in. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again. Message and data rates may apply for any message sent or received in connection with this SMS service. Message frequency may vary. If you have any questions about your text or data plan, please contact your wireless provider.

23. Indemnity. You agree to defend, indemnify and hold Etch It On and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.

24. Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to Etch It On shall be sent by electronic mail to customerservice@etchiton.com. In the case of notices Etch It On sends to you, you consent to receive notices and other communications by Etch It On posting notices on the Site, sending you an email at the email address listed in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Etch It On provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

25. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us at customerservice@etchiton.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

26. Applicable Law and Disputes; Arbitration. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Utah, U.S.A. You agree that any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of Etch It On products via etchiton.com) shall be resolved exclusively by final and binding arbitration taking place in American Fork, UT under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Utah, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of Etch It ON products via etchiton.com) must be commenced within one (1) year after the claim or cause of action arises.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.

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