FABBRICA Terms of Service and Order Terms and Conditions

LAST REVISED: April 12, 2021

Welcome to the Fabbrica website, located at www.fabbrica.us (the “Website”), and maintained by Fabbrica ttt 3t etc. (“Fabbrica”). These Terms of Service (“TOS”) contains the terms and conditions that govern your use of the Website and the FABBRICA Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the FABBRICA. Use of the Website or any FABBRICA Service constitutes your acceptance of, and legally binding agreement to, these TOS. For purposes of these TOS, “you” and “your” or “User” means you as the user of the Website or FABBRICA Service, site.

These TOS also include the Order Terms and Conditions set forth below. The Order Terms and Conditions are incorporated by reference into and form a part of the rest of these TOS.

FABBRICA reserves the right to add, delete and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting an updated version of the TOS to the Website and updating the “LAST REVISED” date above. In the event of substantive changes to these TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the FABBRICA Service. Your continued use of the Website following posting of a change notice or new TOS on the Website will constitute binding acceptance of the changes to these TOS.

If you do not agree to all of the TOS, you are not permitted to access or use the Website or the FABBRICA Services.

The FABBRICA Service.

FABBRICA provides a number of Internet-based services through the Website (all such services, collectively, the “FABBRICA Service”). One such service enables Users to create and buy customized products, including without limitation, apparel, signs, banners, bags, caps, golf balls and related accessories (collectively, “Products”). Users may create and purchase individual Products for their own use or, through the Share and Sell™ Service, sell Products through the FABBRICA Service. Users who would like to sell Products through via the Share and Sell™ Service located at https://www.fabbrica.us/shareandsell.php must enter into the Share and Sell Agreement (formerly the “Share & Sell Service Terms and Conditions of Use”). FABBRICA may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.

Use of the Website and FABBRICA Service.

2.1 Eligibility. FABBRICA will only knowingly provide the FABBRICA Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the FABBRICA Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The FABBRICA Service is not intended for children under the age of 13.

2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the FABBRICA Service and the Website.

2.3 Your License to Use the Website and the FABBRICA Service.

(a) FABBRICA or one of its affiliates or licensors owns all intellectual property and other rights, title and interest in and to the FABBRICA Service and the Website, except as expressly provided for in these TOS. For example and without limitation, FABBRICA owns the copyrights in and to the Website, and certain technology used in providing the FABBRICA Service. Nothing made available to Users of the Website will be construed to mean that such Users acquire any right, title or interest therein under these TOS or otherwise to any intellectual property owned by FABBRICA or its affiliates or licensors.

(b) FABBRICA grants you a limited revocable license to access and use the Website and the FABBRICA Service for their intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by FABBRICA; to compete with FABBRICA; to create derivative works based on the content of the Website; or download, crawl, scrape or copy the Website (other than page caching performed automatically by your web browser). If you use the Website in a manner that exceeds the scope of this license or you breach these TOS, FABBRICA may revoke the license granted to you.

2.4 Third-Party Services. FABBRICA may use third parties to provide certain services accessible through the Website. FABBRICA does not control those third parties or their services, and you agree that FABBRICA will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use those services. If any such terms or policies conflict with FABBRICA’s TOS, agreements or policies, you must comply with FABBRICA’s TOS, agreements or policies, as applicable.

2.5 Account. To use certain portions of the Website or FABBRICA Service, including to place orders, you will need to create an account on the Website (“Account”). You agree to provide FABBRICA with accurate, complete and updated information for your Account. You are solely responsible for protecting the confidentiality of your password for your Account and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Website as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

General Rules.

3.1 Prohibited Use. You may only use the FABBRICA Service as expressly permitted by FABBRICA. You may not cause harm to the Website or the FABBRICA Service. Specifically, but not by way of limitation, you may not: (i) interfere with the FABBRICA Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or FABBRICA Service or otherwise use the Website or FABBRICA Service to create or modify a product or service that is competitive with a FABBRICA Service; (iii) interfere with, or disrupt the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the FABBRICA Service; (iv) use a robot, spider or other device or process to crawl, scrape or monitor the activity on or copy pages from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the FABBRICA Service; (vi) impersonate another person or entity or allow another person to impersonate you to access or use the Website or FABBRICA Service; (vii) place any order using a false, stolen or invalid payment card; (viii) use any meta tags, search terms, key terms, or the like that contain FABBRICA’s name or trademarks; (ix) engage in any activity that interferes with another User’s ability to use or enjoy the FABBRICA Service; (x) creating or maintaining any link from another website to any page on this Website without FABBRICA’s prior written permission, or displaying this Website or any material or content displayed on this Website in frames or through similar means on another website without FABBRICA’s prior written permission is prohibited; (xi) circumvent any measures implemented by FABBRICA aimed at preventing violations of these TOS; or (xii) assist or encourage any third party in engaging in any activity prohibited by these TOS.

3.2 Privacy Policy. By entering into these TOS, you agree to FABBRICA’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.

3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with instructions provided on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier.

Content License; DMCA Policy.

4.1 Service Description. As part of the FABBRICA Service, FABBRICA offers a service that allows you to upload images, photographs, graphic designs, and other content (collectively, “Content”) to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.

4.2 Delivery of Content. You will upload or deliver to FABBRICA all Content that you want to use with the FABBRICA Service in accordance with the applicable instructions on the Website. FABBRICA may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the FABBRICA Service.

4.3 Licensing Your Content to FABBRICA. You will retain ownership of the Content that you upload to the Website. You hereby grant to FABBRICA a royalty-free, worldwide, transferable, non-exclusive, right and license to use, modify, adapt, store, cache, and transmit such Content, in all media existing now or created in the future, as FABBRICA deems necessary to enable you to use the FABBRICA Service, including to show you how your Content would appear in our Products, create, produce and purchase Products, and market Products and services to you. FABBRICA may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of operating the Website, providing the FABBRICA Service, processing your order, and producing and shipping your Products.

4.4 DMCA Safe Harbor for User Content. FABBRICA is committed to complying with the provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) that provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law.

If you believe in good faith that materials appearing on this Website or another User’s Content infringe your copyright, you (or your agent) may send the FABBRICA copyright agent designated below a conforming notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In accordance with the DMCA, FABBRICA has designated the following agent to receive notification of alleged copyright infringement in:

DMCA Agent

Email: [email protected]

It is FABBRICA’s policy, in appropriate circumstances and at FABBRICA’s sole discretion, to disable or terminate the Accounts of Users who repeatedly infringe copyrights or intellectual property rights of others.

Reservation of Rights.

5.1 Monitoring. FABBRICA reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website or the Content that you upload herein. If FABBRICA determines, in its sole and absolute discretion, that you or another FABBRICA user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, FABBRICA may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

5.2 Modification of the Service. FABBRICA reserves the right to modify the organization, functionalities, structure or “look and feel” of the FABBRICA Service or the Website, and may change, suspend, or discontinue any aspect of the FABBRICA Service at any time without any liability to you or any third party. FABBRICA shall have complete discretion over the features, functions, prices and other terms and conditions on which the FABBRICA is offered to Users.

Submissions.

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant FABBRICA permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that FABBRICA will have no obligation to keep any Submissions confidential. You will not bring a claim against FABBRICA based on “moral rights” or the likes arising from FABBRICA’s use of a Submission. This Section does not apply to your Content that you use in connection with the FABBRICA Service.

Representations and Warranties.

7.1 Mutual Representations and Warranties. You represent and warrant to FABBRICA and FABBRICA represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with its terms and conditions.

7.2 By You. You represent, warrant and covenant to FABBRICA that, in your use of the FABBRICA Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to FABBRICA that: (a) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (b) FABBRICA will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that FABBRICA incurs in providing the FABBRICA Service; (c) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (d) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

Disclaimers and Exclusions.

DISCLAIMER OF WARRANTIES. FABBRICA PROVIDES THE WEBSITE, THE FABBRICA SERVICE, AND ALL CONTENTS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FABBRICA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, FABBRICA SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

Limitation of Liability.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FABBRICA OR ITS AFFILIATES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, MANAGERS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “COVERED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE, FABBRICA SERVICE OR THESE TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THESE TOS OR YOUR USE OF THE WEBSITE OR FABBRICA SERVICE (INCLUDING FOR ANY ERROR, MISTAKE, OR FAILURE TO PERFORM A REQUEST OR ANY OTHER SERVICES UNDER THIS WEBSITE) EXCEED THE GREATER OF (1) $100, OR (2) THE AMOUNT PAID BY YOU TO FABBRICA FOR THE REQUEST OR SERVICES IN WHICH THE ERROR, MISTAKE, OR FAILURE OCCURRED.

Indemnification.

You must indemnify and hold the Covered Parties harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Covered Parties related to (i) your use of the Website or FABBRICA Service, (ii) alleging that you have breached any provision of these TOS, (iii) your dispute with another User, or (iv) your Content. If you have to indemnify FABBRICA under this Section, FABBRICA will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without FABBRICA’s express written permission.

Termination.

11.1 Termination. In its sole discretion, with or without notice to you, FABBRICA may: (i) suspend, limit your access to or terminate your use of the Website and/or the FABBRICA Service, (ii) suspend, limit your access to or terminate your Account, (iii) remove any of your Content from FABBRICA’s servers and directories and (iv) prohibit you from using the FABBRICA Service and/or the Website.

11.2 Survival. Notwithstanding Section 11.1 above, these TOS will survive indefinitely unless and until FABBRICA chooses to terminate these TOS.

11.3 Effect of Termination. If you or FABBRICA terminates your use of the Website or the FABBRICA Service, FABBRICA may delete any Content or other materials relating to your use of the FABBRICA Service on FABBRICA’s servers or otherwise in its possession and FABBRICA will have no liability to you or any third party for doing so.

Contact Us and Notices.

Except as expressly set forth herein, all notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to FABBRICA, you must use the following addresses: 12 Beaumont Rd, Wallingford, CT 06492 or [email protected] or you can call us at the toll-free number set forth at https://www.fabbrica.us/contactus.php. If FABBRICA provides notice to you, FABBRICA will use the contact information provided by you to FABBRICA. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

ARBITRATION AND CLASS ACTION WAIVER.

13.1 Informal Process First. You agree that in the event of any dispute between you and FABBRICA related to these TOS, the Website or the FABBRICA Service (a “Dispute”), you will first contact FABBRICA and make a good faith sustained effort to resolve the Dispute before resorting to more formal means of resolution, including without limitation, any court action.

13.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining Dispute will be resolved by arbitration. You and FABBRICA agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the “LAST REVISED” date of these TOS). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these TOS will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these TOS, you and FABBRICA are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and FABBRICA will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

13.4 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, FABBRICA will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

13.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these TOS by sending written notice of your decision to opt-out to the contact information set forth in Section 12 above. The notice must be sent to FABBRICA within thirty (30) days of your registering to use the Services or agreeing to these TOS, otherwise you shall be bound to arbitrate disputes in accordance with these TOS. If you opt-out of these arbitration provisions, FABBRICA also will not be bound by them.

Miscellaneous.

14.1 California Residents. If you are a California resident, then in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

14.2 General. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Delaware without reference to conflict of law principles. You and FABBRICA agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The TOS are not assignable or transferable by you without the prior written consent of Delaware. These TOS (including the Order Terms and Conditions and all of the policies and other agreements described in these TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and FABBRICA are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.

ORDER TERMS AND CONDITIONS

Payment.

All prices and amounts shown on this Website are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the Website and stated herein are based on current costs and subject to change without notice and payment amounts, and other terms may be subject to additional agreements between User and FABBRICA.

If a User submits an order on the Website to purchase apparel, sporting equipment, and certain other items and products available on the Website, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. FABBRICA reserves the right to manually review any requested orders to confirm it is acceptable for production, in which case FABBRICA will not initiate the applicable charge until after such review.

Production of any customized apparel or other customized items ordered hereunder is subject to the terms outlined below in the “Production Turnaround Time” section and will not begin until an order is fully paid and has been approved by FABBRICA for production, including shipping and handling fees, if applicable except where FABBRICA has explicitly agreed to specific delayed payment terms (e.g. Net 30) with the User prior to placing an order. Users who have specific payment agreements with FABBRICA are required to provide payment in accordance with the terms of their applicable payment agreement(s).

Once the customization artwork file(s) associated with an order have been approved by the User as described below in the “Customization Turnaround Time” section, the order will be “In Production” and no changes will be allowed to the customization artwork files, job characteristics, or customization turnaround time. Unless you have a different specific payment agreements with FABBRICA, after an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Except as provided for in the Return & Refund Policy below or as may be granted by FABBRICA in its sole discretion as a customer courtesy, any payment received from the User shall be deemed fully paid to FABBRICA and non-refundable at a rate of twenty percent (20%) for each calendar month that passed after the date of the User’s initial submission even where the print job never reaches the “In Production” or shipment phase due to no fault of FABBRICA (e.g. User fails to respond to approval of proof job, User fails to provide information to complete the customization job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).

Sales Tax Policy.

FABBRICA charges sales tax on orders picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.

If, after the User has paid the invoice, it is determined that more tax is due, then the User must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.

III. Proofs.

When applicable, an online proof will be available and require your review after we have received your files for customization. Actual time will vary depending on our current workload. Should you deny a proof and request changes to the artwork, your delivery date could be impacted, and if so we will communicate this to you. Three or more proof denials will change your delivery date. Should you not approve your proof we will attempt to contact you for 2 weeks, or until we can no longer make your delivery date, and then cancel your order. Restocking fees may be applicable for such cancellations. It is the User’s responsibility to respond to proof approval text notifications or email communications and approve their proofs in a timely fashion. We are not liable for delays in the order caused by User’s non-approval of the proof. We do reserve the right to, at our discretion, make minor changes to the proof and product as needed for the efficacy of customization.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, crops and final text. Electronic proofs do not show transparency issues. Nor do they show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. User is fully responsible for all that is contained in the final approved proof.

Cancellation.

An order may not be canceled once it is “In Production”. If the order is still in the “Order Processing” stage or earlier, cancellation can be made by contacting us through the website or by calling us at the toll-free number set forth at https://www.Fabbrica.us/contactus.php.

Color Accuracy.

We will reproduce color from submitted print-ready files as closely as possible but cannot exactly match color. Because of inherent limitations with the customization process, the accuracy of color reproduction is not guaranteed. By placing an order with FABBRICA, you agree to this limitation. We will try our best to match each color, but we accept no responsibility for color variations between submitted files and the final customized piece.

Under no circumstances will a reprint be honored for color variations that have occurred during the customization process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

No Liability for Errors.

FABBRICA is not liable for errors in a final product caused by any reason beyond FABBRICA’s ability to control, including for any of the following reasons:

Low resolution or low-quality graphics and images

Duplicate orders submitted by the User

Damage to products after delivery to User

Incorrect or undeliverable shipping address

User is responsible for reviewing their files and correcting any issues prior to placing the order.

VII. Artwork Files.

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to FABBRICA. FABBRICA is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to FABBRICA, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

You agree that you will NOT upload any artwork files that is prohibited under our Content Usage Policy as set forth here: https://www.Fabbrica.us/contentusagepolicy.php (as we may update from time to time). We will refuse an order if it is not in compliance with our Content Usage Policy or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

FABBRICA may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other Users may use the same design tools to create images that may have similar or identical combinations of these elements. FABBRICA provides no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, Fabbrica name or design is legally available for your use and does not infringe on another party’s rights.

We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. FABBRICA is not responsible for the deletion or failure to store any file whether uploaded or designed on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

VIII. Promotional and Referral Codes.

FABBRICA may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts, or other features or benefits related to the Website, subject to any additional terms that FABBRICA establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by FABBRICA; (d) may be disabled or have additional conditions applied to them by FABBRICA at any time for any reason without liability to FABBRICA; (e) may only be used pursuant to the specific terms that FABBRICA establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Website; and (g) may expire prior to your use.

Shipping.

You need to select one of the shipping methods presented to you on the Website. All shipping may be done using FedEx, UPS or other freight carriers. FABBRICA reserves the right to use the most appropriate carrier for the required transit time and destination.

FABBRICA‘s responsibility is limited to preparing your order and turning it over to the carrier for shipping. Shipping transit times vary and FABBRICA assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

FABBRICA is not liable for damages that occur during shipping. FABBRICA reserves the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where FABBRICA completes the job prior to the Guaranteed Delivery Date (as defined below) and there will be no adverse material impact on the Guaranteed Delivery Date.

FABBRICA is able to ship to addresses outside of the United States, including military addresses (APO, etc.), through United States Postal Service (USPS) Priority Mail. However, because of the added cost of shipping internationally, FABBRICA must charge an additional fee for shipping international orders (not applicable for military addresses). All shipping fees will be included in your cart before submitting your order. FABBRICA does not ship to International PO boxes. Shipping fees do not reflect any customs or duty fees, which are the User’s responsibility. International shipping will add additional days to delivery time. Free shipping promotions are NOT applicable on international orders.

Guaranteed Delivery Date Policy.

FABBRICA guarantees that all orders will be delivered on time in accordance with the guaranteed delivery date policy outlined below, except that this guaranteed delivery date policy does not apply to international orders. Failure by FABBRICA to meet such guarantee will result in the following refunds and rebates being credited to you as outlined below:

When Users place an order on the Website, they will be able to view within in the shopping cart of the Website an estimated guaranteed delivery date applicable to the shipping option selected by you. However, because of situations such as a long delay between the time when you first place an item in the shopping cart and when you ultimately finalize your order, the estimated guaranteed delivery date that is presented in the shopping cart is only an estimate and is not binding.

The guaranteed delivery date that is applicable to your order will be finalized when we receive your customization-ready files, approval for your proof, and full payment for your order, at which time FABBRICA will communicate to you the final guaranteed delivery date on your confirmation notice for order (such final guaranteed delivery date, the “Guaranteed Delivery Date”).

If FABBRICA misses the Final Guaranteed Delivery Date for your order, then FABBRICA will (i) refund to you the entire shipping cost paid for such order, and (ii) grant you a credit for 25% off your next order via the Website. In addition, FABBRICA may, but shall not be obligated, to offer you additional refunds and rebates in its sole discretion for any missed Final Guaranteed Delivery Date; except that the foregoing will not apply if the Final Guaranteed Delivery Date was missed for reason beyond FABBRICA’s reasonable ability to mitigate or control.

SMS Notifications.

1 Eligibility. To receive text messages form Fabbrica Sportswear, Inc. (“Company”), you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to provide proof of age.

2 Program Description. SMS Order Notification messages are intended to provide you with information about the status of your orders for Fabbrica.com and TeamSportswear.com. The delivery cadence and number of text messages you receive will vary depending on your order and its status, but the average will be around 4-6 messages per order. Mobile carrier message and data rates may apply to each text message sent or received in connection with Company text order updates. We will not send you marketing or promotions text messages.

For help, reply HELP to the most recent text message you received from Company, or call our customer service team at 877-535-5646, Mon. – Fri. 8:00am – 6:00pm EST.

3 Opt-In and Opt-Out. To opt-in to receive text messages from a Company text messaging program(s), follow the instructions in the cart during checkout, or visit Your Account Settings under My Account to opt-in.

If you have opted out and would like to opt back in, reply START to the last message you received from Company.

To stop receiving messages from a Company text messaging program, reply STOP to the most recent message you received from Company. You will receive an opt-out confirmation message at that time.

4 Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Company if you change your mobile telephone number.

You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Please click this link to access the company privacy policy.

If you have questions regarding these SMS Terms and Conditions, please reach out to us at [email protected].

XII. Miscellaneous.

All materials we create in producing your printed product are the property of FABBRICA. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

These order terms and conditions are subject to additional edits we may make from time to time, including by updating our Fabbrica Help & FAQ Center at https://www.Fabbrica.us/help. In the event of a conflict between these order terms and conditions and our Fabbrica Help & FAQ Center, the Fabbrica Help & FAQ Center will supersede and control.