Website Terms and Conditions
Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Custom Logos (“Custom Logos,” “we,” “us,” or “our”), a California corporation located at 7889 Clairemont Mesa Blvd., San Diego, CA 92111. These Terms govern your access to and use of our website located at customlogos.com (the “Site”) and any services, content, or functionality offered through the Site.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. YOUR CONTINUED USE OF THE SITE FOLLOWING NOTICE OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THOSE CHANGES.
1. Use of the Website
1.1 Eligibility
You must be at least 18 years of age and have the legal capacity to enter into contracts to use this Site. By using the Site, you represent and warrant that you meet these requirements.
1.2 Permitted Use
You may use the Site for lawful purposes only. You agree not to:
• Use the Site in any way that violates applicable federal, state, or local law or regulation
• Transmit any unsolicited or unauthorized advertising or promotional material
• Transmit any material that is defamatory, offensive, or otherwise objectionable
• Engage in any conduct that restricts or inhibits anyone’s use of the Site
• Use any robot, spider, scraper, or other automated means to access the Site
• Attempt to gain unauthorized access to any part of the Site or its related systems
• Introduce any viruses, trojan horses, or other malicious code
1.3 Account Responsibility
If you create an account or online store through our platform, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to your account.
2. Products, Orders, and Services
2.1 Product Descriptions
We strive to provide accurate descriptions of our products and services. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, or current. Colors and specifications may vary slightly from what is depicted on screen due to monitor settings and production processes.
2.2 Order Acceptance
Submission of an order, quote request, or inquiry does not constitute a binding contract. A binding agreement is formed only when we accept your order and issue an order confirmation. We reserve the right to refuse or cancel any order at our discretion, including in cases of pricing errors, product unavailability, or suspected fraudulent activity.
2.3 Custom and Decorated Products
Due to the custom nature of our products — including screen-printed apparel, embroidered items, and personalized promotional products — all sales are final once production has begun. Custom orders are not eligible for return or refund unless the product contains a defect attributable to our production error. You are responsible for reviewing and approving all proofs before production begins. We are not responsible for errors that you have approved.
2.4 Intellectual Property and Design Submissions
By submitting logos, artwork, or design files to us for production, you represent and warrant that you own or have all necessary rights to use such materials, and that their use in connection with our services does not infringe any third-party intellectual property rights. You grant us a limited license to use submitted materials solely for the purpose of producing and fulfilling your order.
Custom Logos retains ownership of any original design work created by our graphic design team. Upon full payment, you are granted a non-exclusive license to use such designs for the specific use requested. We reserve the right to display completed work in our portfolio and marketing materials unless you request otherwise in writing.
3. Pricing and Payment
All prices are quoted in U.S. dollars. Prices are subject to change without notice until an order is confirmed. Payment is due in accordance with the terms stated on your invoice. We accept major credit cards and approved payment methods as communicated at the time of order.
Late payments may be subject to a finance charge of 1.5% per month (18% per year) or the maximum rate permitted by applicable law, whichever is less. You agree to reimburse us for all costs of collection, including reasonable attorneys’ fees, in the event of non-payment.
4. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, photographs, and software, is the property of Custom Logos or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Site content without our prior written permission.
5. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.
6. Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUSTOM LOGOS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOM LOGOS, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO CUSTOM LOGOS IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless Custom Logos and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or our services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that materials you submitted to us caused damage to a third party.
9. MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1 Agreement to Arbitrate
You and Custom Logos agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our products and services (“Dispute”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as provided below. This agreement to arbitrate is intended to be broadly interpreted.
9.2 Arbitration Procedures
Arbitration shall be conducted by JAMS (Judicial Arbitration and Mediation Services) pursuant to its Comprehensive Arbitration Rules and Procedures (available at www.jamsadr.com) or, for claims not exceeding $250,000, its Streamlined Arbitration Rules. The arbitration shall be conducted in San Diego, California, or, if you prefer and the claim qualifies, by telephone, video conference, or written submissions. The arbitrator shall have authority to award any remedy available in court, but may not award relief that would not be available to you individually.
9.3 CLASS ACTION WAIVER
YOU AND CUSTOM LOGOS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CUSTOM LOGOS EACH WAIVE ANY RIGHT TO A JURY TRIAL.
9.4 Exceptions to Arbitration
Notwithstanding the above, either party may bring an individual action in small claims court. Either party may also seek emergency injunctive relief in a court of competent jurisdiction to the extent permitted by applicable law, without waiving the right to arbitration for any other claims.
9.5 Opt-Out Right
You have the right to opt out of this arbitration agreement by sending written notice to Custom Logos at [email protected] within 30 days of first agreeing to these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither party will be bound by the arbitration provision, but all other Terms will continue to apply.
9.6 Severability
If any portion of this Section 9 is found to be unenforceable, only that portion shall be severed, and the remainder of this Section shall continue in full force and effect, except that if the class action waiver is found unenforceable, the entire arbitration provision shall be void.
10. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration agreement above, you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California for any disputes not subject to arbitration.
11. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms on the Site with an updated effective date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.
12. Termination
We reserve the right to terminate or suspend your access to the Site at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason.
13. Miscellaneous
• Entire Agreement: These Terms, together with our Privacy Policy and Cookie Consent Policy, constitute the entire agreement between you and Custom Logos regarding the Site and supersede all prior agreements.
• Waiver: No waiver of any provision of these Terms shall be deemed a continuing waiver or a waiver of any other provision.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, acts of government, labor disputes, or supply chain disruptions.
14. Contact Information
For questions about these Terms, please contact us:
Custom Logos
7889 Clairemont Mesa Blvd.
San Diego, CA 92111
Phone: (858) 277-1886
Email: [email protected]
Website: customlogos.com