Terms & Conditions
Agreement between User and Fresh Prints Miami, LLC
Welcome to freshprintsmiami.com. The freshprintsmiami.com website (the “Site”) is comprised of
various web pages operated by Fresh Prints Miami, LLC. freshprintsmiami.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of freshprintsmiami.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
freshprintsmiami.com is an E-Commerce Site.
Fresh Prints Miami, LLC specializes in designing and printing custom apparel, event & trade show
displays, marketing materials, and promotional items.
This includes t-shirt printing, polo & hat embroidery and many other types of apparel decoration.
Additionally, we offer custom backdrops, retractable banners, table covers, and various other
event & trade show displays. We also provide business cards, postcards, flyers and other
marketing materials and services including direct mailing & EDDM! Lastly, our promotional item
line up is wide-ranging and includes a large variety of drinkware, key chains, writing instruments,
and many, many other items.
The decoration methods we employ are screen printing, digital printing, direct to garment,
sublimation and of course embroidery. We also offer professional quality graphic design!
The purpose of freshprintsmiami.com is to provide web users with information to all of the above
as well as to offer these products and services for sale.
Privacy
Your use of freshprintsmiami.com is subject to Fresh Prints Miami, LLC’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting freshprintsmiami.com or sending emails to Fresh Prints Miami, LLC constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use 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. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Fresh Prints Miami, LLC is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Fresh Prints Miami, LLC and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Fresh Prints Miami, LLC does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use freshprintsmiami.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
The Customer must notify Fresh Prints Miami, LLC within 6 business days of order delivery of any
defects discovered in the ordered product. In order to receive replacement, Customer must return
100% of the received product within 15 days (at their own expense) from the time the ordered
product was delivered. Replacements will only be available if the defects were caused by Fresh
Prints Miami, LLC or any of its employees.
*** IMPORTANT *** Concerning fabric face masks or coverings, all sales are final.
Links to Third Party Sites/Third Party Services
freshprintsmiami.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of Fresh Prints Miami, LLC and Fresh Prints Miami, LLC is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Fresh Prints Miami, LLC is providing these links to
you only as a convenience, and the inclusion of any link does not imply endorsement by Fresh
Prints Miami, LLC of the site or any association with its operators.
Certain services made available via freshprintsmiami.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
freshprintsmiami.com domain, you hereby acknowledge and consent that Fresh Prints Miami, LLC
may share such information and data with any third party with whom Fresh Prints Miami, LLC has
a contractual relationship to provide the requested product, service or functionality on behalf of
freshprintsmiami.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
freshprintsmiami.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Fresh Prints Miami, LLC that you will not use the Site for any purpose
that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Fresh Prints Miami, LLC
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Fresh Prints Miami, LLC content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Fresh Prints Miami, LLC and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Fresh Prints Miami, LLC or our licensors except as
expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
Fresh Prints Miami, LLC has no obligation to monitor the Communication Services. However,
Fresh Prints Miami, LLC reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Fresh Prints Miami, LLC reserves the
right to terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
Fresh Prints Miami, LLC reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in Fresh Prints Miami, LLC’s
sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. Fresh Prints Miami, LLC does not control or endorse the
content, messages or information found in any Communication Service and, therefore, Fresh Prints
Miami, LLC specifically disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service. Managers and hosts are
not authorized Fresh Prints Miami, LLC spokespersons, and their views do not necessarily reflect
those of Fresh Prints Miami, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to freshprintsmiami.com or Posted on Any Fresh Prints Miami, LLC
Web Page
Fresh Prints Miami, LLC does not claim ownership of the materials you provide to
freshprintsmiami.com (including feedback and suggestions) or post, upload, input or submit to any
Fresh Prints Miami, LLC Site or our associated services (collectively “Submissions”). However,
by posting, uploading, inputting, providing or submitting your Submission you are granting Fresh
Prints Miami, LLC, our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Fresh Prints Miami, LLC is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in Fresh Prints Miami, LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your Fresh Prints Miami, LLC account to third party accounts. By
connecting your Fresh Prints Miami, LLC account to your third party account, you acknowledge
and agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Fresh Prints Miami, LLC from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Fresh Prints Miami, LLC
Content accessed through freshprintsmiami.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Fresh Prints Miami, LLC, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Fresh Prints Miami, LLC reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Fresh Prints Miami, LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Fresh Prints Miami, LLC agree otherwise, the arbitrator
may not consolidate more than one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FRESH PRINTS MIAMI, LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FRESH PRINTS MIAMI, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. FRESH PRINTS MIAMI, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FRESH PRINTS MIAMI, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF FRESH PRINTS MIAMI, LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Fresh Prints Miami, LLC reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Florida and you
hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Fresh Prints Miami, LLC as a result of this agreement or use of the Site. Fresh Prints
Miami, LLC’s performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Fresh Prints Miami, LLC’s right to comply
with governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by Fresh Prints Miami, LLC with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Fresh Prints Miami, LLC with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Fresh Prints Miami, LLC with respect to the Site. A printed version of this agreement and
of 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. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Fresh Prints Miami, LLC reserves the right, in its sole discretion, to change the Terms under which
freshprintsmiami.com is offered. The most current version of the Terms will supersede all previous
versions. Fresh Prints Miami, LLC encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
Fresh Prints Miami, LLC welcomes your questions or comments regarding the Terms:
Fresh Prints Miami, LLC
1464 SW 28TH TER, Unit 2
Fort Lauderdale, Florida 33312
Email Address:
[email protected]
Telephone number:
800-316-7098
Effective as of January 01, 2016
