Section A: No Warranty
Extreme Cold, LLC and KYSEK is provided and made available to you on an “as-is”, “with all faults”, and “as available basis”, without warranty of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Section B: Liability Limitation
You cannot recover any damages, including, but not limited to, lost profits, lost savings, or any other incidental, indirect, special or consequential damages arising out of any services provided or made available to you on any of the Extreme Cold, LLC and KYSEK websites. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply
Section C: Withdrawal of Access to Site
We reserve the right to withdraw access to the Extreme Cold, LLC and KYSEK websites or to revise the products and/or services described in those sites at any time and without notice to you.
Section D: Copyright and Trademark
We or our suppliers own the title, copyright and other intellectual property rights in the content of the Extreme Cold, LLC and KYSEK websites. The names of actual companies and products mentioned herein may be the trademarks or service marks of their respective owners. Unauthorized use of trademarks and copyrights found on this web site is illegal.
All the logos and trademarks are registered trademarks and logos of their respective owners and copyright holders. They are provided only as a convenience for their lawful use, and should be used only by owner of the logo or trademark, authorized agents or affiliates, with proper permission from the copyright holders.
Any customer of Extreme Cold, LLC and KYSEK represents and warrants to Extreme Cold, LLC and KYSEK that he or she has the unrestricted right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illustration of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the promotional merchandise ordered by the customer. All customers must agree to defend, indemnify and hold Extreme Cold, LLC and KYSEK and its parent company harmless from any claims, suits or actions alleging that the promotional merchandise ordered by the customer violates or infringes upon any rights of any third party.
All customers are solely responsible for obtaining proper permissions and licenses from third parties whose rights may be violated or infringed. To use any logo, trademark or copyrighted items, a customer MUST have written permission from the owner of the logo or trademark or copyright, or be an employee or authorized agent or affiliate of the owner. A customer may NOT use any logo or other graphic material in a manner which may infringe copyright. A customer also may NOT use any logo or trademark, in a vulgar, profane, libelous, disparaging or otherwise unlawful manner. Extreme Cold, LLC and KYSEK assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. Extreme Cold, LLC and KYSEK shall not be held liable for the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Extreme Cold, LLC and KYSEK.
Unless otherwise arranged prior to production, all artwork and digitizing created by Extreme Cold, LLC and KYSEK for your order remains the property of Extreme Cold, LLC and KYSEK and will be maintained at our facility for our exclusive usage in executing your orders. Because our policy is to render art/digitizing/etc. services for production orders solely on a cost-recovery basis, any transfer to the client of rights to creative works and materials prepared or contracted by our personnel is subject to reasonable release fees, commensurate with the creative services rendered and at a value as determined solely by us.
Section E: Limitations of Personalization
All artwork and text must comply with the following rules:
- No use of profanity, vulgar or hateful language
- No use of explicit sexual language or graphics
- No use of derogatory or disparaging language or imagery pertaining to disabilities, race, religion or nationality
Section F: Proof Policy
A digital proof will be provided prior to checkout, and is our best representation of what your final product will look like. The artwork is to size or to scale, and is only intended to provide an idea as to what the final product will look like when completed.
Once the Terms and Conditions are accepted, order is considered approved “As Is” will be engraved exactly as pictured.
Extreme Cold, LLC and KYSEK are not responsible for any typographical mistakes or errors that are entered and overlooked by the customer. In addition, Extreme Cold, LLC and KYSEK cannot be held responsible for any damages that may be incurred as a result of the error or mistake after the order has been placed and accepted by the customer.
Actual product, engravings, and color may vary slightly from what is displayed on your computer monitor.
Section G: Payment
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 Extreme Cold, LLC and KYSEK and gives Extreme Cold, LLC and KYSEK 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 customers are required to prepay a 100% before production can begin on their order.
Section H: Cancellations and Changes
Once your order is placed, it will be processed and shipped quickly. 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.
Cancellations are charged a $30 service fee plus any production charges accrued at the time. These fees will be billed at Extreme Cold, LLC and KYSEK’s discretion.
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.
Section I: Returns & Claims
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. Extreme Cold, LLC and KYSEK 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.
In the case of a customer error or unauthorized return (including rejected shipments), the customer is responsible for the return freight back to Extreme Cold, LLC and KYSEK, unless otherwise noted.
Section J : Revisions
We may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of this site. The current effective date of this Legal Statement is April 1, 2016.
Section K: Survival
The invalidity of any term or condition stated in this Legal Statement will not affect the enforceability of the remaining terms or conditions of the Legal Statement as deemed to be enforceable by applicable law.
Section L: Right to Refuse Service
Extreme Cold, LLC and KYSEK reserves the right to refuse service to anyone for any reason. Should Extreme Cold, LLC and KYSEK (at its own discretion) determine that an order may be fraudulent, we reserve the right to refuse or cancel any such order for any reason at any time. We enforce this policy to ensure a secure, professional and convenient online shopping environment for all of our customers.
Section M: No License
Nothing contained in this Legal Statement shall be construed as conferring any express or implied license or right under any copyright, trademark, patent or other intellectual property that belongs to the owner of the Extreme Cold, LLC and KYSEK.