What this Agreement Covers

This Agreement governs your use of the Site and the MD Promo Solutions service (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups (collectively, "Institutions"); (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations, to design and purchase custom merchandise properly describing that relationship. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.

Intellectual Property Rights of MD Promo Solutions and Third Parties

MD Promo Solutions is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the MD Promo Solutions Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MD Promo Solutions.

MD Promo Solutions is the owner of the MD Promo Solutions trademark; other trademarks made available through this Site, including logos, slogans, color schemes and design trademarks, are licensed for use by MD Promo Solutions from Institutions and other third parties (the "Licensed Marks"). By using the MD Promo Solutions Site, you agree to limit your use of Licensed Marks to uses that are directly related to such third parties and to comply with any restrictions or conditions imposed on the use and access of the Licensed Marks by the third parties. MD Promo Solutions will notify you of such terms if your usage is in violation of such terms.

Generally, products created using images available on the site should not be resold commercially. In the event that you wish to resell such products, you agree to contact MD Promo Solutions and verify the legality of reselling such products prior to doing so. 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. MD Promo Solutions retains the right to display such designs or offer them (or variations of such designs) to other customers.

Additionally, MD Promo Solutions has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for MD Promo Solutions production.

You agree to not use MD Promo Solutions's 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.

Privacy Policy

MD Promo Solutions recognizes that you have a right to privacy, and we will not give or sell anyone specific information about you or any orders you have placed through the MD Promo Solutions Service except that: (i) MD Promo Solutions may share information about you or an order that you have placed with a relevant Institution in order to allow such Institution to review the use of the Licensed Marks as necessary; (ii) MD Promo Solutions may provide information about you and your order to its subcontractors; and (iii) MD Promo Solutions may share information about you with its marketing partners and affiliates for purposes of marketing MD Promo Solutions. MD Promo Solutions will not send you unsolicited materials except that customers may receive occasional e-mails to announce changes in the MD Promo Solutions service, new features and technical updates.

We contract with a company called Coremetrics to collect and analyze data regarding visitors' usage of our web site. The information collected will be used exclusively for the purpose of understanding and improving our customers' experience with our web site and service. For more information, call 1.800.746.6015

Anti-Sweat Shop Policy

MD Promo Solutions supports high standards for manufacturing labor conditions. Accordingly, we seek to work with suppliers who promote such standards within their operations. MD Promo Solutions relies upon referrals, reputation and, in some cases, personal inspections to identify such vendors.

Payment Policies

MD Promo Solutions accepts online payment via credit card or debit card. All payments sent electronically shall be securely transmitted using Secure Socket Layer ("SSL") technology.

MD Promo Solutions may also accept payment via check or purchase order. Qualified Institutions (such as Purchasing Offices) wishing to establish group accounts and utilize purchase orders may set up special payment options by contacting MD Promo Solutions.

MD Promo Solutions will begin processing orders immediately upon verification that payment has been received.

Shipment/Delivery Times

MD Promo Solutions's orders are generally delivered within 14 days. Customers who are concerned about meeting deadlines should contact a Service/Sales Representative. Rush orders on screen-printed apparel items are available for a 25% rush charge. Rush orders are delivered within 7 days.

Returns Policy

MD Promo Solutions goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, MD Promo Solutions accepts returns and will refund payment if and when customers are disappointed by MD Promo Solutions merchandise for one of the following reasons: (a) the blank items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the customer.

Limit of MD Promo Solutions's Responsibility

MD Promo Solutions will be responsible for acting only on those instructions sent to MD Promo Solutions that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. MD Promo Solutions is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. MD Promo Solutions is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.

The information and materials contained in this Site, including text, graphics, links or other items, are provided "as is", "as available". MD Promo Solutions does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.

In no event will MD Promo Solutions be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MD Promo Solutions, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Indemnity

You agree to defend, indemnify and hold MD Promo Solutions and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of MD Promo Solutions's Site and the Service, your violation of this Agreement, or your violation of any rights of another.

Authorization Indemnification
By placing an order with MD Promo Solutions , you represent and warrant that you have the authority to order, purchase and distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified in your order. You also agree to indemnify, defend and hold harmless MD Promo Solutions , its parent, subsidiaries and its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney's fees) arising out of or related to any actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right of such merchandise. This provision will remain in effect after delivery of your order.

Governing Law

This Agreement shall be governed by the laws of the Commonwealth of Arizona and, where applicable, by federal law.