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Drinkware Company's Terms and Conditions

The use of the Drinkware Company's website (this "Website") and the sale of products offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Drinkware Company reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

User Restrictions
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Drinkware Company reserves complete title and full intellectual property rights in any Content that you download from this Website.

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.

Proprietary Rights
The Drinkware Company's logo and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Drinkware Company. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Drinkware Company owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Art, Logos, Trademarks, and Other Supplied Printing Materials
Drinwkare Company uses art, logos, and other materials supplied by registered resellers, manufacturers and customers ("Artwork") to provide products and services. Drinkware Company assumes no responsibility for determining the proper ownership or proper use of Artwork. All liabilities of this nature rest with the resellers, manufacturers and the customers. Registered resellers and the customers placing orders with Drinkware Company represent and warrant that they have the authority to order, purchase and distribute the product with the Artwork specified on the order, and that the use or display of the Artwork will not violate any laws or client restrictions. Drinkware Company assumes no responsibility for determining who does or does not have such authority. By submitting Artwork to Drinkware Company for use on a product, registered resellers and the customers shall defend and hold harmless Drinkware Company for the use of any Artwork and for breach of this warranty. Registered resellers and customers also shall indemnify, hold harmless, defend and absolve Drinwkare Company, its affiliates and licensors from and against all claims, liabilities and expenses arising out of or related to any actual or alleged infringement or misappropriation of any copyright, trademark or other proprietary rights or merchandise. This directive will remain in effect after delivery of the product or service.

Drinkware Company reserves the right to photograph, show as samples, or use in Drinkware Company’s advertising the items produced by Drinkware Company without liability as to trademark, copyright or other proprietary rights. Drinkware Company reserves the right to refuse to provide product or service when it is determined that the Artwork does not meet Drinkware Company’s standards.

Participation Disclaimer
Drinkware Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DrinkwareCompany.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Drinkware Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Drinkware Company in its sole discretion.

Modification of Content
Drinkware Company attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Drinkware Company does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Drinkware Company reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Drinkware Company reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Drinkware Company shall promptly issue credit to your credit card.

Payment Terms
Drinkware Company requires 100% prepayment.

All outstanding balances must be paid in full before production can begin. By signing the provided order acknowledgment the buyer acknowledges that they are entering into a contractual agreement with Drinkware Company and gives Drinkware Company permission to apply any outstanding balance to the payment method provided first, until paid in full, and then proceed with the payment terms as outlined in this section below.

All new customers are required to prepay a 100% of the total amount due before production can begin on their order. Any outstanding balances exceeding the initial charge amount will be collected after the order has shipped.

Terms are given at the discretion of Drinkware Company. The full amount of an invoice may and can be charged to the supplied credit card on file at any point before, during, or after the order. There is a $35 service fee for each returned check.

If you need to use a Purchase Order to submit/request payment, Drinkware Company will be more than happy to provide you with the necessary paperwork for you or your accounting department at the time of placing your order.

Purchases: Under and Overs
We make every effort to ship the exact quantities ordered, however, there is a standard 10% unders and overs that apply to all purchases.

Cancellations and Changes
Once your order is placed, it will be processed and shipped. If you need to make any changes to your order, please contact us immediately. Otherwise, we may not be able to make changes before your order ships.

Once you approve the order acknowledgment and artwork approval, the order is initiated and production begins. If you require additional information or clarification, please contact your account manager.

Cancellations are charged a $30 service fee plus any production charges accrued at the time. Order/production changes are subject to a $10 charge in addition to any materials and labor costs.  Production charges include, but are not limited to, art charges, setup charges, digitizing (embroidery), restocking fee (15% of item price), or shipping charges. 

The best way to avoid cancellation fees is to be 100% confident that you want to move forward with your order. Please make your selections carefully and thoughtfully.

Returns & Claims
No returns of imprinted goods are accepted. Un-imprinted merchandise returns are subject to a 15% restocking fee and the necessary freight costs to return the product do apply. Incomplete or partial returns will not be accepted. Unauthorized returns are not accepted.

Any imprinted products returned in violation of this policy will be discarded at Drinkware Company’s discretion.

In the case that you believe you received a product or order in error, please contact customer service within 5 working days of receipt of the merchandise. Claims made after this time will not be reviewed. Before Drinkware Company can begin to process a claim, a sampling of the goods (quantity will be determined at Drinkware Company's discretion) must be provided for us to review. Drinkware Company reserves the right to take up to seven working days to process/review a claim from the date of receipt of the goods in question. Any credits, returns, or refunds will be processed within two business days after review, unless otherwise noted. Please see our payment policy for further information.

In the case of a customer error or unauthorized return (including rejected shipments), the customer is responsible for the return freight back to Drinkware Company, unless otherwise noted.

Volume Measurement
Drinkware is measured as filled to the brim. Stated ounces are intended to show approximate volume and are not an implied guarantee of exact volume.

Printing Methods
Screen Printing: Screened images are very sharp and crisp with good ink opacity, and even the ability to over print multiple colors to solve registration issues in some art. Multi-color registration may have a variation of approximately 1/8”.

Offset Printing: Registration may have a variation of approximately 1/16”. Quality of offset printing is sometimes less than screen printing due to the high printing speeds, resulting in slurring at the top and blurring towards the bottom of the imprint area. Ink coverage is thinner than screen printing resulting in an imprint which may look transparent, especially on clear items. Dot gain in halftones is often up to 20%. Butt registration is allowed, however trapping is not. Do not expect the same clarity and opacity of print as screen printing. Please request random samples or product proofs if this is a concern.

Emboss & Deboss: Is a printing method which uses heat and pressure to create a raised or recessed image into napkins. This printing method is best suited for bold imprints without fine detail, halftones, or reversed images. These imprint methods are available on all napkins. However please be aware that the image is not as crisp on the Almost Linen Napkins due to the thickness of the product.

Hot Stamping: A certain amount of bleeding and fill-in will occur with fine detail/reverse images. Logos with fine detail/reverse images are recommended to be screen printed. Please note that since foil is stamped, large solid areas may flake during use. Halftone images are not able to be hot stamped.

Pad Printing: Due to the thin ink transfer and limited ink opacity, it is not recommended to print on dark substrates without first putting a white base down. This adds an additional color charge to the cost of the item being printed.

Disclaimers
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. DRINKWARE COMPANY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF DRINKWARECOMPANY.COM, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT DRINKWARE COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

DRINKWARECOMPANY, INC. DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. DRINKWARE COMPANY DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

DRINKWARE COMPANY RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR PRODUCTS AND/OR SERVICES FOR WHICH THE SALE OR USE OF SUCH PRODUCTS AND/OR SERVICES IN YOUR STATE IS RESTRICTED OR PROHIBITED.

Limitation of Liability
IN NO EVENT SHALL DRINKWARE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF DRINKWARE COMPANY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN DRINKWARE COMPANY TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Enforcement
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Michigan, without giving effect to any principles or conflicts of laws.

Miscellaneous
The Terms and Conditions constitute the entire agreement between you and Drinkware Company with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Drinkware Company with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Drinkware Company. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.