The
Miami Shirt Company Inc. provides customers with a wide variety of internet and
email printing services, online design tools and other services to create
customized marketing communications products, (as well as shipping of finished
products) (collectively, the "Services").
The use of this site is governed by the
terms and conditions set forth below. Please read them carefully. Your use of
this site indicates your acceptance of these terms and conditions. The Miami
Shirt Company Inc. reserves the right to
make modifications, alterations or updates to this site and these Terms &
Conditions at any time and without notice to users. You accept the affirmative
obligation to periodically review whether or not these Terms & Conditions
have changed, and your continued use of this site shall be deemed an acceptance
and agreement to be bound by such modifications, alterations or updates.
You (referred to herein as
"You" "Your(s)" or "User" agree that your use of
such Services is at your own risk. The Content (as defined below), and The
Miami Shirt Company Inc. Proprietary
software, may be used in providing the Services, and are subject to the
following reservation of intellectual property rights by The Miami Shirt
Company Inc. or its suppliers.
Copyright
All content included on this site,
including without limitation, text, graphics, logos, trademarks, trade names,
button icons, images, pre-designed templates, sounds, software, processing and
other functionality, and all other material placed by The Miami Shirt Company
Inc. (Collectively called the
"Content"), and the collection, arrangement and assembly of the
Content, is the property of or licensed by The Miami Shirt Company Inc. or its suppliers and service providers and is
protected by U.S. and international copyright laws. The Content on all pages of
The Miami Shirt Company Inc. Website is
provided solely for the use of The Miami Shirt Company Inc. Customers to interact with The Miami Shirt
Company Inc. and may not be used by You,
or any other person or entity, or for any other purpose. Users do not receive
any copyright in or to the Content itself. No interest in the Content, whether
in whole or in part, may be sold, assigned, encumbered, licensed or otherwise
transferred by you or any third parties. Neither your use of the Content nor
the creation of products or materials using such Content create joint
authorship, joint ownership or "works made for hire" with The Miami
Shirt Company Inc. In or regarding such
content.
When using any Services provided via The
Miami Shirt Company Inc. website, you may elect to upload or otherwise submit
materials to the site (collectively, "Materials"). The Miami Shirt
Company Inc. does not supervise the uploading
of any User-provided Materials to this site, although it reserves the right to
do so. You agree, represent and warrant that in using the Services, You will
not upload, submit or otherwise transmit to The Miami Shirt Company Inc.:
Materials that are unlawful, threatening, abusive,
defamatory, obscene or which invade another person's privacy or further
the commission or concealment of a crime;
Materials that are not lawfully Yours to transmit;
Materials that are the subject of, or which infringe
upon, any patent, trademark, trade name, trade secret, copyright, right of
publicity, moral right or other intellectual property right of another
person or entity;
Materials containing software viruses or other harmful
computer code; or Materials that in any way interfere with or disrupt the
Services or any servers or networks connected to or used with the Services
(any of the foregoing, "Unauthorized Materials").
The Miami Shirt Company Inc. Takes no ownership in any Materials uploaded
to The Miami Shirt Company Inc. Website,
except The Miami Shirt Company Inc. retains its rights in and to the Content that
is present on the site or that may be created and/or supplied by or for The
Miami Shirt Company Inc...
You also warrant and confirm that You
own the copyright or have permission to copy any documents or Materials You
submit online for printing or processing, and agree to defend, indemnify and
hold The Miami Shirt Company Inc. , its parent and its parent's subsidiary
companies and their respective officers, directors, agents and employees,
harmless from any suit, demand, or claim arising out of any breach of this
warranty and agree to pay any judgment or reasonable settlement offer resulting
from any such suit, demand or claim, and to pay any attorney’s fees incurred by
The Miami Shirt Company Inc. in
defending against such suit, demand or claim.
Trademarks
All service marks, trademarks, trade
name, trade dress and other indicia of source used herein and otherwise by The
Miami Shirt Company Inc. (collectively
called the "Marks") are proprietary to The Miami Shirt Company Inc. or other respective owners that have granted The
Miami Shirt Company Inc. the right and
license to use such Marks. Users do not receive any trademark rights or any
other rights in or to the Marks. Users do not receive any trademark rights in
or to the Content.
Limitations
and Disclaimers
THE INFORMATION, CONTENT, SERVICES,
PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE MIAMI SHIRT COMPANY
INC. WEBSITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS"
BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND
MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
THE MIAMI SHIRT COMPANY INC. DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, THE MIAMI
SHIRT COMPANY INC. DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA
THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY
USER'S REQUIREMENTS OR WILL BE TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER THE MIAMI SHIRT COMPANY INC. NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES,
SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR
ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER
INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS
WEBSITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT,
SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF
ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE;
(IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED
SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE
ADVISED THE MIAMI SHIRT COMPANY INC. OF
THE POSSIBILITY OF SUCH DAMAGES.
** (NEITHER THE MIAMI SHIRT COMPANY
INC. NOR IT’S PARENT OR ANY OF ITS
AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY
DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE
IN EXCESS OR THE LESSER OF $100.00 OR THE AMOUNT PAID TO THE MIAMI SHIRT
COMPANY INC. FOR THE SUBJECT PRINTED
PRODUCTS PLUS SHIPMENT FEES, IF ANY.
In no event will The Miami Shirt
Company Inc. , its parent, or its affiliates, subsidiaries, suppliers or
service providers be liable for, nor make any adjustment, refund or credit of
any kind for, any loss, corruption, delay, misprint, non-print, inclusion,
omission, shipment, misdelivery, nondelivery, misinformation, other direct or
indirect damages, or failure to provide printed products, printing services or
shipping services (any of the foregoing, "Service Failure") to the
extent caused by or resulting from:
Your acts, defaults or omissions;
Your violation of any of the terms and conditions
contained in these Terms & Conditions, as amended from time to time;
Viruses, worms, Trojan horses and other forms of
harmful code that are not detected or removed using The Miami Shirt
Company Inc. standard
virus-detection procedures;
Criminal acts, public authorities acting with actual or
apparent authority, authority of law, local disputes, civil commotions,
war, national or local disruptions in electronic and transportation
networks, failures of Internet service providers, weather phenomena,
strikes, natural disasters, and disruption or failure of communication and
information systems;
Loss, corruption or irretrievability of, or damage to,
Your personal information, User-provided Materials or information
regarding the printed products used or stored by The Miami Shirt Company
Inc. ;
The nature of the shipment, including any defect,
characteristic or inherent vice of the shipment;
Your failure to provide an accurate shipping address or
other information that You are asked to provide in connection with the
provision of services;
Acts, defaults or omissions of any person or entity
other than The Miami Shirt Company Inc. , including our compliance with
verbal or written instructions from the sender, recipient or persons
claiming to represent the shipper or recipient;
Our inability to provide a copy of the delivery record
or a copy of the signature obtained at delivery;
Our failure to provide a valid shipping account number
in good credit standing in the billing instructions on shipping
documentation;
Our failure to provide a valid shipping account number
in good credit standing in the billing instructions on shipping
documentation;
Our failure to notify You of any delay, loss or damage
in connection with Your printed products or shipment or any inaccuracy in
such notice;
Our release of shipments without obtaining a signature
if a signature release is on file;
Our provision of advice, assistance or guidance on this
site does not constitute acceptance of liability.
All claims, whether they regard
printing services or shipping services, should be resolved by contacting The
Miami Shirt Company Inc. . . . Failure to contact The Miami Shirt Company Inc. directly will cause a delay in the processing
of any claim and will result in a delay in processing Your claim, which could
cause You to lose the ability to receive compensation for loss involving
shipping or printing services as provided in these terms and conditions.
If a shipment containing Your printed
products is refused by the recipient, or is damaged, the shipment will be
returned to You if possible. If You refuse to accept the returned shipment or
it cannot be returned because of damage, You are responsible for and will
reimburse The Miami Shirt Company Inc. for all costs and fees of any type connected
with the return shipment and legal disposal of the shipment; THE MIAMI SHIRT
COMPANY INC. DOES NOT GUARANTEE THE
SHIPMENT, AND DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, THE MIAMI
SHIRT COMPANY INC. DOES NOT GUARANTEE
THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED
FILINGS. Subject to the limitations listed above, The Miami Shirt Company Inc. will provide a refund of shipping costs paid
or will re-perform printing services and shipping services if any printed
products are lost, damaged, not delivered, misdelivered or delivered late, to
the extent caused by The Miami Shirt Company Inc. or its third-party shipper. See "Claims
Procedure" below.
PLEASE NOTE THAT WE DO NOT PROVIDE
INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY
PRINTED PRODUCT OR SERVICE.
Performance of any Services will not
cause us to be deemed Your, or anyone's, agent for any purpose.
Claims
Procedure
We will either refund or credit (at our
option) the charges You actually paid for the Services (including shipping
charges, if applicable) if we fail to properly provide the Services or the
printed products or to properly ship the printed products, subject to
limitations described in the Section above entitled "Limitations and
Disclaimers". In order to qualify for a refund or credit due to Service
Failure, the following limitations apply:
1. To obtain a refund or credit, at our
option, for a Service Failure, You must notify us within fifteen (15) days of
the earlier of (i) the date of invoice or (ii) the date of shipment or the date
picked up from a The Miami Shirt Company Inc. retail location by You or Your agent.
2. For any claim related to damage of a
printed product during shipping (if the shipping services are provided through The
Miami Shirt Company Inc. , You must notify us in writing within seven (7) days
after delivery of such printed products.
3. For all other claims, including
claims arising out of any nondelivery, misdelivery or late delivery, Your must
notify us within thirty (30) days of the shipment date.
4. In the case of a claim concerning
any defective printed products, You must return the defective printed products
to The Miami Shirt Company Inc. at
either The Miami Shirt Company Inc. by calling us at 305-278-1341 or by sending
an email message to returns@shirtmail.com.
5. In the case of a claim concerning
any non-delivery, misdelivery, late delivery, damaged shipment or other
shipping-related claim, You must retain all original shipping containers,
packaging and contents and make the foregoing items available for our
inspection.
6. Any claim against The Miami Shirt
Company Inc. under any cause of action
arising from or related to the provision of Services or printed products or
shipment of any printed products shall be extinguished unless an action is
brought within one (1) year of the date of order. We will send Your refund to
the billing address on Your account.
7. A service failure will not be deemed
to have occurred if within 30 calendar days after You’re notify us, we provide
You with:
a. Proof of timely
delivery, consisting of the date and time of delivery and name of the person
who signed for the shipment or signature release information;
OR
b. Service exception
information reflecting that the failure to timely deliver resulted from
circumstances described under "Limitations and Disclaimers."
8. We are not obligated to respond or
provide any credit or refund if Your have not paid for Services or shipping
costs, if applicable; or when Your request is not received within the time
limits stated above.
The Miami Shirt Company Inc. will use commercially reasonable efforts to
satisfy customer claims, subject to the limitations set forth in these Terms
and Conditions.
Only one refund or credit is permitted
per package. In the case of multiple-package shipments, this return policy will
apply to every package in the shipment. If a service failure occurs for any
package within the shipment, a refund or credit will be given only for the
portion of the transportation charges applicable to that package.
A refund or credit will not be given
for shipments delayed due to incorrect addresses or ZIP codes or the
unavailability or refusal of a person to accept delivery or sign for the
package or any of the causes described under "Limitations and
Disclaimers." In addition, for shipments to and from International
destinations, no refund or credit will be given if failure to timely deliver is
the result of tax authority or customs or other regulatory delays.
This refund policy does not apply to
undeliverable or returned shipments.
Order
Acceptance
The receipt of an e-mail order
confirmation does not constitute the acceptance of an order or a confirmation
of an order to sell. The Miami Shirt Company Inc. reserves the right, without prior
notification, to limit the order quantity on any item and/or refuse service to
any customer. Verification of information may be required prior to the
acceptance of any order. No obligation to provide services exists between Your
and The Miami Shirt Company Inc. until The Miami Shirt Company Inc. exercises
the authorization to charge Your credit card, and the charge is validated and
accepted by Your credit card company.
Because this site is viewable
internationally, not all products and services mentioned will be available in
Your country. If you have any questions about international service, email The
Miami Shirt Company Inc. Customer
Relations at contactus@shirtmail.com
.
Termination
In the event that The Miami Shirt
Company Inc. learns of, or has
reasonable grounds to suspect, that Your registration information is
inaccurate, or that activity in violation of these Terms & Conditions has
occurred within Your account, we can suspend or terminate Your access to Your
account or the Services without notice and refuse to authorize its future use.
Repeated violations of these Terms & Conditions will result in immediate
termination. In addition, The Miami Shirt Company Inc. reserves the right to
discontinue the Services at any time without reason or advance notice to You.
Applicable
Law
These Terms and Conditions are governed
by the laws of the State of Florida, without giving effect to any principles or
conflicts of law. Any litigation concerning these Terms & Conditions or
other uses of this site shall be brought in Miami, FL, and You consent to the
exercise of personal jurisdiction over You by such courts. This Agreement is
not governed by the United Nations Convention of Contracts for the
International Sale of Goods, the application of which is expressly excluded.
This site may contain links to sites
that are owned, operated and maintained by third parties, which are provided as
a convenience to You. These linked sites are not under the control of The Miami
Shirt Company Inc., and The Miami Shirt Company Inc. is not responsible for the accuracy of the
content on such sites, or the privacy practices of such sites, The Miami Shirt
Company Inc. does not monitor nor review
the content of such sites, and You expressly understand that You access by link
to such sites is at Your own risk.
Registration
on themiamishirtcompany.com
You may choose to register on themiamishirtcompany.com
to access interactive features or update Your commercial account information.
The availability of these services varies by country. In the future, The Miami Shirt
Company Inc. may add other features that
may be accessed through themiamishirtcompany.com Login. In such event,
previously registered users will not be required to re-register.
By registering on themiamishirtcompany.com,
You agree to provide accurate and current information about Yourself as
prompted by the themiamishirtcompany.com Login Registration pages and maintain
and promptly update Your online profile information to keep it accurate and
current.
When You register using themiamishirtcompany.com
Login Registration, You will select a user ID and password. You are responsible
for maintaining the confidentiality of the password and user ID, and You are
responsible for all activities that occur under Your password and user ID. You
agree to (a) immediately notify The Miami Shirt Company Inc. of any unauthorized use of Your user ID and
password, and (b) ensure that You exit from Your TheMiamiShirtCompany.com
session at the end of each visit.
Privacy
Policy
The Miami Shirt Company Inc. acknowledges that You may provide personal
data or other information to its site via the Internet. Although The Miami
Shirt Company Inc. will take all
reasonable steps to safeguard Your personal data or other information, no
system is 100% safe. Despite the use of secure server software and other
precautions, such information is subject to interception or alteration by third
parties. The Miami Shirt Company Inc. does not guarantee absolute confidentiality or
security. In addition, The Miami Shirt Company Inc. may disclose part or all of Your personal
data, User-provided Materials and printed products as required by law, rule,
regulation or court order. The Miami Shirt Company Inc. Security & Privacy Policy governs the
handling of such information.
Indemnification
You agree to indemnify, defend and hold
The Miami Shirt Company Inc., its officers, directors, employees, shareholders,
agents, affiliates. subsidiaries, suppliers and representatives harmless from
and against any and all claims, damages, losses, costs, and expenses (including
but not limited to attorneys' fees) that arise directly or indirectly from; (a)
Your breach of any provision of these Terms & Conditions; (b) any
allegation that any Materials You provided constitute Infringing Materials; or
(c) any of Your activities conducted in connection with this site.
No
Other Relationship
The use of this site creates no
relationship, contractual or otherwise, between You and any other entity,
supplier or service provider, other than The Miami Shirt Company Inc.
