Eternal Engravingz

Terms & Conditions

The print-on-demand and fulfillment services (“Services”) offered by Eternal Engravingz are subject to the terms outlined in this Terms of Use Agreement (“Agreement”). By accessing or using these Services or the associated website, you agree to be bound by this Agreement. Eternal Engravingz reserves the right to update, modify, or replace these terms at any time without prior notice. It is your responsibility to review this Agreement before using the Services. If you do not agree to the terms, you must discontinue use immediately. Continued use of the Services after any changes constitutes acceptance of the revised Agreement.

This Terms of Use Agreement includes an arbitration provision. Unless otherwise specified in this Agreement and unless you choose to opt out as outlined below, you agree that any disputes between you and Eternal Engravingz will be resolved through binding, individual arbitration.

Services

Eternal Engravingz offers print-on-demand and fulfillment services, which include printing user-generated content (as defined below) on various products such as clothing, electronics, promotional items, and drinkware. These products are then packed and shipped to you (collectively referred to as the “Services”). The Services are provided based on the pricing, requirements, and terms specified in your user account.

Eligibility To Use The Services

The Services are available to individuals who are eighteen (18) years of age or older. By using the Services, you confirm that you meet this age requirement, are of sound mind, and have the legal capacity to agree to and comply with these terms. If you are using the Services on behalf of a business or a third party, you confirm that you have the authority to act on their behalf and to agree to these terms on their behalf. Additionally, you affirm that no existing agreements prohibit you from entering into this Agreement.

Acceptable Use Of The Service

When using the Services, you agree to do so only for their intended and lawful purposes, in accordance with this Agreement and all applicable laws, regulations, and ordinances. You are responsible for any violation of these terms and for any resulting losses, including but not limited to financial damages, legal costs, and attorney fees incurred by Eternal Engravingz.

You are strictly prohibited from using the Services in a way that violates any local, state, national, or international laws or infringes upon the rights of others, including intellectual property, privacy, publicity, or other personal or proprietary rights. Additionally, you may not:

Bypass or tamper with security features of the Services;
Request the printing of content that promotes violence, harm, or property destruction;
Request the printing of content that infringes on the intellectual property of others;

Eternal Engravingz reserves the right to modify, suspend, or discontinue the Services or any related content at any time without prior notice. Additionally, Eternal Engravingz may deny access to the Services to any individual or entity at its discretion, without notice.

Limited License

You acknowledge and agree that the Services are owned by or licensed to Eternal Engravingz and are protected under U.S. and international laws, including intellectual property and proprietary rights. Your use of the Services is limited to the permissions granted in this Agreement, and you agree not to use them in any way not expressly authorized. All rights not explicitly granted in this Agreement are reserved by Eternal Engravingz.

Eternal Engravingz grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and royalty-free license to use the Services for their intended purposes. You are strictly prohibited from copying, modifying, creating derivative works, distributing, publicly displaying, or performing any part of the Services.

User Account

Eternal Engravingz allows you to create a user account (“User Account”). Your User Account is secured by a username and password, and you are solely responsible for maintaining their confidentiality. You are also responsible for any unauthorized activity on your account. If you become aware of unauthorized access, you agree to notify Eternal Engravingz immediately. Eternal Engravingz reserves the right to restrict, suspend, disable, or delete your User Account at any time, at its sole discretion, and without prior notice.

Generated Content

Eternal Engravingz allows you to upload, submit, or transmit user-generated content through your User Account or a contact form, including but not limited to text, photographs, and images (collectively, “User-Generated Content”). You confirm that your User-Generated Content will not:

Violate any local, state, national, or international laws, regulations, or ordinances.
Breach any terms of this Agreement.
Infringe on the rights of third parties, including intellectual property, privacy, or other proprietary rights.

By submitting User-Generated Content, you grant Eternal Engravingz a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your content for the customary and intended purposes of the Services. These purposes may include, but are not limited to, printing merchandise as directed and creating backup or archived copies.

By submitting User-Generated Content, you waive any moral rights, as well as rights of publicity or privacy, related to that content. Eternal Engravingz is not responsible for and cannot be held liable for the actions of any user submitting content through the Services.

Production Rate & Shipping

You acknowledge that Eternal Engravingz works with third-party suppliers to source blank products for printing, fulfill orders, and handle shipping and delivery to your customers. As a result, prices for blank products and shipping costs may fluctuate due to factors such as weight, manufacturing expenses, and availability. Eternal Engravingz will make reasonable efforts to notify you of any changes to third-party pricing as soon as possible.

Service fees charged by Eternal Engravingz may also change. While the company aims to provide prior notice of pricing adjustments, any changes will take effect immediately upon notification and will automatically become part of this Agreement. If you do not agree with any pricing changes, your sole option is to stop using the Services.

You acknowledge that all quoted prices are an invitation to negotiate and that no contract is formed between you and Eternal Engravingz until the company accepts your order by fulfilling and shipping the requested products. Pricing errors do not constitute a binding contract, and Eternal Engravingz will make every effort to correct any errors as soon as they are identified.

Payments

All payments for Services are non-refundable. You agree to pay all fees and charges on time, and Eternal Engravingz reserves the right to suspend or terminate your access to the Services or your User Account if payments are not made when due. You are responsible for any collection costs, including legal fees, incurred by Eternal Engravingz due to non-payment.

You agree to pay all applicable taxes or charges imposed by any governing authority related to your use of the Services. All fees are listed and payable in U.S. Dollars, and Eternal Engravingz is not responsible for any foreign transaction fees or additional charges applied by your financial institution. You agree not to initiate chargebacks unless expressly authorized in writing by Eternal Engravingz. If you initiate an unauthorized chargeback, you will be responsible for any associated costs.

If you dispute any payment under this Agreement, you must notify Eternal Engravingz within thirty (30) days. Failure to do so will be considered a waiver of any claims related to the disputed payment.

Shipping

Price quotes for Services provided by Eternal Engravingz do not include shipping costs unless explicitly stated. Any modifications to orders may lead to extended processing times. Eternal Engravingz is not responsible for any loss, damage, or delays caused by shipping or delivery carriers.

Insurance & Risk Of Loss

You retain ownership and insurable interest in any products printed by Eternal Engravingz as part of the Services provided on your behalf. Eternal Engravingz does not offer insurance coverage for these products and is not liable for any losses, damages, claims, or liabilities, including but not limited to those resulting from transit damage, fire, water damage, theft, stock shrinkage, or inventory errors. You expressly waive any rights to insurance subrogation, whether known or unknown. You acknowledge and agree that you assume all risk of loss for products printed, shipped, or delivered by Eternal Engravingz and will continue to bear this risk until ownership transfers to you upon proper delivery.

You acknowledge and agree that the Services, including but not limited to their source code, data, arrangement, executable code, structure, and organization, contain valuable trade secrets and intellectual property of Eternal Engravingz. This Agreement does not grant you any ownership rights to the Services or the data and content within them. You are granted only a limited license to use the Services in accordance with the terms of this Agreement. All other rights remain reserved by Eternal Engravingz.

Property Rights

The website, along with its trademarks and content, is owned and operated by Eternal Engravingz, including but not limited to the Eternal Engravingz trademark. Any use of the Services, trademarks, or content without prior written permission from Eternal Engravingz is strictly prohibited. The design, arrangement, and layout of the Services and website are the exclusive property of Eternal Engravingz, and any unauthorized copying, distribution, public display, public performance, or creation of derivative works, in whole or in part, is expressly forbidden.

Third Party

You acknowledge and agree that the Services may include links to third-party websites or content that Eternal Engravingz does not own or control. It is your responsibility to review the terms and conditions of any third-party websites or content accessed through the Services. Eternal Engravingz is not responsible for, and does not assume any liability for, any content, policies, or practices of websites not owned or controlled by Eternal Engravingz.

Taxes

You agree to pay all taxes imposed by any governmental authority, whether local, state,

national, or international, related to your use of the Services. Eternal Engravingz will report all payments received from you as income to the appropriate tax authorities as required by law.

Production & Turnaround Times

Standard Turnaround:

Estimated turnaround times represent the average completion time for standard orders but are not guaranteed. To determine specific production timelines, please consult a sales representative regarding rush order options. Turnaround times are calculated in business days and do not include weekends, holidays, or shipping transit times. For time-sensitive orders, please plan ahead.

Rush Orders:

Rush orders may incur additional fees depending on the required turnaround time and current production workload. For details regarding rush order pricing, please contact a sales representative.

Trademark Atheization

By placing an order, the customer confirms that they have obtained any necessary approvals from trademark owners for the use of requested trademarks. The customer grants Eternal Engravingzpermission to reproduce these marks solely for the purpose of fulfilling the order. Logos displayed on the website are for illustrative purposes only and do not imply endorsement.

Additional Terms

Claims & Defects: Any claims for damages, defects, or shortages must be submitted in writing within 10 business days of product delivery.
Order Misprints: If an order contains misprints, all items from the original order must be returned for a resolution.
Abandoned Orders: Orders left unclaimed for more than 90 days will be considered abandoned, donated to charity, and any deposits will be forfeited.
Order Cancellations:

Since screen printing involves custom production, canceled orders will incur charges for any setup or pre-press costs already incurred, as well as any applicable restocking fees.
Once production has started, orders cannot be canceled. If cancellation occurs before production or artwork preparation, restocking fees may still apply.

Terminations

This agreement becomes effective when you first access our services and remains in effect until either: (i) we terminate your access, or (ii) you discontinue use and close your account. We reserve the right to revoke access to our services at any time, at our sole discretion, without prior notice.

Decliner of Warranties & Limitation of Liability

You acknowledge that our services are provided “as is” without any express or implied warranties, including but not limited to warranties of merchantability, accuracy, fitness for a particular purpose, security, or non-infringement.

To the fullest extent permitted by law, we are not liable for any claims, damages, or legal actions arising from:

Your use of our services
The sale or distribution of products created using our services
Errors, omissions, service downtime, or interruptions

By using our services, you accept full responsibility for any associated risks. Our total liability for any claims related to our services is limited to either the amount you paid for the services or $1,000, whichever is less.

We are not responsible for damages, losses, or injuries resulting from the sale, use, or misuse of any products, including personal injury, property damage, lost business, lost income, legal fees, or any indirect, incidental, or punitive damages. Some jurisdictions may not allow the exclusion of certain warranties; in such cases, you should seek legal guidance to determine how these limitations apply to you.

Indemnification

You agree to indemnify and hold us, along with our affiliates, employees, and representatives, harmless from any claims, damages, losses, or legal expenses arising from:

Your use of our services
The sale of any product made using our services
Copyright or trademark disputes related to your submitted designs
Violations of this agreement or applicable laws

We retain the right to manage our own legal defense in any indemnified claim, including decisions about settlements.

Governing Law and Dispute Resolution

Any disputes arising from or related to this agreement or your use of our services, including product purchases or custom printing, will be governed by the laws of the State of Colorado, excluding its conflict of law principles. This agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.

Except for cases involving indemnification claims or requests for injunctive relief, any dispute, claim, or disagreement regarding the validity, enforcement, or interpretation of this agreement will be resolved through final and binding arbitration under the Federal Arbitration Act. The arbitration will take place in Denver, Colorado, or, at the discretion of the party seeking relief, remotely via phone, online, or written submissions. It will be administered by the American Arbitration Association (AAA)following its Commercial Arbitration Rules, with one neutral arbitrator appointed according to those rules. If the parties cannot agree on an arbitrator within 20 days of initiating arbitration, the AAA will appoint one.

Arbitration proceedings will be conducted in English, and the arbitrator’s decision will be final and binding. A judgment based on the arbitrator’s ruling may be entered in any court with proper jurisdiction. Either party may seek immediate injunctive relief from a court, which will not be considered a waiver of arbitration rights.

Both parties agree to keep arbitration proceedings and related materials confidential, except where disclosure is legally required or necessary to enforce an award. The prevailing party in arbitration will be entitled to recover reasonable legal fees and expenses.

Force Majeure

We are not responsible for any delay or failure in providing services or fulfilling obligations due to circumstances beyond our control. These may include, but are not limited to, natural disasters, war, riots, fires, terrorist attacks, pandemics, power outages, severe weather, or other unforeseen events.

Survivability

Any obligations, representations, warranties, and commitments outlined in this agreement will continue to apply even after termination of the agreement, your account, or access to our services. This includes, but is not limited to, indemnification and defense obligations.

Interpretation

This agreement is considered to have been drafted by both parties, and its terms will not be construed against either party based on authorship.

Assignment

You may not transfer or assign your rights or responsibilities under this agreement. We reserve the right to transfer or assign our rights and responsibilities, including in the event of a sale or restructuring of our business or services.

Waiver

No provision of this agreement will be considered waived unless explicitly stated in writing and signed by the party granting the waiver. This agreement represents the full and complete understanding between the parties, replacing any prior agreements, understandings, or communications.