Website Terms and Conditions of Use
PLEASE READ THE FOLLOWING INFORMATION
CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR ACCEPTANCE
TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE
BOUND, PROMPTLY EXIT THIS SITE.
Welcome to the SIGNAL GRAPHICS website available at
www.signalgraphics.com and at other uniform resource locators and the related
or linked web pages of our Signal Graphics Centers. In these Terms and
Conditions, You are referred to as "You" "Your(s)"
“Yourself” or "User".
1. Site Content and Purpose. This
Site is for marketing purposes only and provided for the use of consumers to
interact with Signal Graphics, Inc. and/or Signal Graphics franchised locations
and may not be used by You, or any other person or entity, for any other
purpose. This Site should not be considered or relied on by You as a statement
or claim by Signal Graphics, Inc., or its franchisees, implied or otherwise, of
a representation, guaranty or warranty of the availability or quality of any
product(s) or service(s).
2. Signal Graphics Centers. Signal
Graphics, Inc., an operating company of Franchise Services, Inc., franchises Signal
Graphics Centers. Signal Graphics Centers provide customers with a wide variety
of printing, copying, signage and marketing products and services (collectively,
the "Services"). All Signal Graphics Centers are independently
owned and operated franchised locations. None of them are owned, operated or
controlled by Signal Graphics, Inc. Products and services vary by Signal
Graphics Center location.
Signal Graphics, Inc. does not provide quotes for
or provide services or related products. All quotes, services and
products are provided by Signal Graphics Centers. Although Signal Graphics,
Inc. may host, develop, maintain or operate certain websites or web pages on
behalf of the Signal Graphics Centers, the Signal Graphics Centers operate as
separate legal entities under franchise agreements between them and Signal
Graphics, Inc. They are not Signal Graphics, Inc.’s agents or employees. They
do not have any right to speak for Signal Graphics, Inc., or on our behalf, or
bind Signal Graphics, Inc. to any contracts or obligations. Signal Graphics,
Inc., is not responsible for any acts or omissions of Signal Graphics Centers,
including, without limitation, in connection with their provision of quotes or
fulfillment of services or related products placed by You through any Signal
Graphics Center Site or other website, or Signal Graphics Center location.
3. Registration on Signalgraphics.com. You
may choose to register Your email on www.signalgraphics.com to
subscribe, download and access interactive features such as our whitepapers,
enewsletter or our blog. The availability of these services varies by country.
In the future, Signal Graphics, Inc. may add other features that may be
accessed through www.signalgraphics.com. In such event, previously
registered users will not be required to re-register. By registering on www.signalgraphics.com, You agree to provide accurate and current
information about Yourself.
4. Request-A-Quote/Send-A-File. You
may choose to register your information on www.signalgraphics.com to Request-A-Quote or Send-A-File to a Signal
Graphics Center. Such information may include your name, address,
company, email, telephone number and files that you upload or otherwise submit
to the Site (“Materials”). This information and Materials are relayed to
the specific Signal Graphics Center you requested for response. The
Materials are not maintained or responded to by Signal Graphics, Inc. Neither Signal
Graphics, Inc. nor any Signal Graphics Center supervises the uploading of any
User-provided Materials to this site, although we reserve the right to do so.
You agree, represent and warrant that in using the Services, You will not
upload, submit or otherwise transmit to Signal Graphics, Inc., or any Signal
Graphics Center any Materials that violate any applicable Federal, state or
local laws, including, but not limited, to the following:
* Materials that are unlawful,
threatening, abusive, defamatory, obscene or which invade another person's
privacy or further the commission or concealment of a crime.
* Materials that are not
lawfully Yours to transmit.
* Materials that are the subject
of, or which infringe upon, any patent, trademark, trade name, trade secret,
copyright, right of publicity, moral right or other intellectual property right
of another person or entity.
* Materials containing software
viruses or other harmful computer code, or Materials that in any way interfere
with or disrupt the Services or any servers or networks connected to or used
with the Services.
Signal Graphics, Inc., and Signal Graphics Centers
do not claim any ownership in any Materials that You upload to the Site. Signal
Graphics, Inc., and Signal Graphics Centers retain their rights in and to the
content that is present on the site or Materials that may be created and/or
supplied by or for Signal Graphics, Inc., or a Signal Graphics Center.
You also warrant and confirm that You own the
copyright or have permission to copy any documents or Materials You submit
online for printing or processing, and agree to defend, indemnify and hold Signal
Graphics, Inc., and Signal Graphics Centers, their parents, subsidiary
companies and their respective officers, directors, agents and employees,
harmless from any suit, demand, or claim arising out of any breach of this
warranty and agree to pay any judgment or reasonable settlement offer resulting
from any such suit, demand or claim, and to pay any attorney fees incurred by Signal
Graphics, Inc., and any Signal Graphics Center in defending against such suit,
demand or claim.
5. No Unlawful or Prohibited Purpose. As a
condition of Your use of this Site, You warrant to Signal Graphics, Inc. that
You will not use the Site for any purpose that is unlawful or prohibited by
these Terms and Conditions.
6. Links to Sites: This Site may
contain links to sites that are owned, operated and maintained by third parties
which are provided as a convenience to You. These linked sites are not under
the control of Signal Graphics, Inc., and Signal Graphics, Inc. is not
responsible for the accuracy of the content on such sites or the privacy
practices of such sites. Signal Graphics, Inc. does not monitor nor review the
content of such sites, and You expressly understand that Your access by link to
such sites is at Your own risk. Signal Graphics, Inc. makes no representations
whatsoever about any other website that You may access though this Site. When
You access a non-Signal Graphics, Inc. website, please understand that it is
independent from Signal Graphics, Inc., and that Signal Graphics, Inc. has no
control over the content on that Website. In addition, a hyperlink to a non-Signal
Graphics, Inc. website does not mean that Signal Graphics, Inc. endorses or
accepts any responsibility for the content, or the use, of the linked site. It
is up to You to take precautions to ensure that whatever You select for Your
use or download is free of such items as viruses, worms, trojan horses,
ransomware and other items of a destructive nature.
7. Patent. Certain functionality provided
via this Site may be covered by U.S. Patent 5,930,474. Under License.
8. Copyright. All content included on this
Site, including without limitation, text, graphics, logos, trademarks, trade
names, button icons, images, pre-designed templates, sounds, software,
processing and other functionality, and all other material placed by Signal
Graphics, Inc. (collectively called the "Content"), and the collection,
arrangement and assembly of the Content, is the property of or licensed by Signal
Graphics, Inc. or its suppliers and service providers and is protected by U.S.
and international copyright laws. No portion of the materials on these pages
may be reprinted, republished, modified, or distributed in any form without the
express written permission of Signal Graphics, Inc. Users do not receive any
copyright in or to the Content itself. No interest in the Content, whether in
whole or in part, may be sold, assigned, encumbered, licensed or otherwise
transferred by You or any third parties. Neither Your use of the Content nor
the creation of products or materials using such Content create joint
authorship, joint ownership or "works made for hire" with Signal
Graphics, Inc. in or regarding such Content.
8. Trademarks. All service
marks, trademarks, trade name, trade dress and other indicia of source used
herein and otherwise by Signal Graphics, Inc. (collectively called the
"Marks") are proprietary to Signal Graphics, Inc. or other respective
owners that have granted Signal Graphics, Inc. the right and license to use
such Marks. Users do not receive any trademark rights or any other rights in or
to the Marks. Users do not receive any trademark rights in or to the Content.
“Signal Graphics”, “Signal Graphics Printing and
Marketing Services,” “MarketingTango The Rhythm of Integrated Marketing” and
“More Ways to Grow Your Business” are registered trademarks of Signal
Graphics, Inc., and proprietary marks of Franchise Services, Inc. Any other
trade names or trademarks are the property of their respective owners and are
used by permission.
9. Limitations and Disclaimers.
Although Signal Graphics, Inc. attempts to ensure
the integrity and accurateness of the Site, it makes no guarantees whatsoever
as to the correctness or accuracy of the Site. It is possible that the Site
could include inaccuracies or errors, and that unauthorized additions,
deletions and alterations could be made to the Site by third parties. In the
event that an inaccuracy arises, please inform Signal Graphics, Inc. so that it
can be corrected.
THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND
MATERIALS CONTAINED ON THE SIGNAL GRAPHICS WEBSITE, INCLUDING, WITHOUT
LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS"
BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND
MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNAL
GRAPHICS, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND
MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS,
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, SIGNAL GRAPHICS, INC. DOES NOT REPRESENT OR WARRANT THAT THE
INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE
ACCURATE, COMPLETE OR CURRENT, OR WILL MEET ANY USER'S REQUIREMENTS OR WILL BE
TIMELY, UNITERRUPTED, SECURE, OR ERROR-FREE.
NEITHER SIGNAL GRAPHICS, INC., NOR ITS PARENT OR
ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, FRANCHISEES OR SERVICE
PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT,
SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY
THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II)
FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON
THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT,
SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) FOR ANY NONDELIVERY,
MISDELIVERY, LATE DELIVERY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE
ADVISED SIGNAL GRAPHICS, INC. OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CLAIM SHOULD BE RESOLVED BY CONTACTING THE SIGNAL
GRAPHICS FRANCHISED LOCATION. PERFORMANCE BY A FRANCHISED SIGNAL GRAPHICS
CENTER LOCATION WILL NOT CAUSE SIGNAL GRAPHICS, INC. , TO BE DEEMED YOUR, THE SIGNAL
GRAPHICS FRANCHISED LOCATION, OR ANYONE’S, AGENT FOR ANY PURPOSE.
10. Indemnification. You agree to indemnify,
defend and hold Signal Graphics, Inc., its officers, directors, employees,
owners, agents, affiliates, subsidiaries, suppliers, franchisees and
representatives harmless from and against any and all claims, damages, losses,
costs, and expenses (including but not limited to attorneys' fees) that arise
directly or indirectly from; (a) Your breach of any provision of these Terms
& Conditions; (b) any allegation that any Materials You provided constitute
Infringing Materials; or (c) any of Your activities conducted in connection
with this Site.
11. Confidential and Proprietary Information. Signal
Graphics, Inc. does not want to receive confidential or proprietary information
from You through the Site. Please note that any information or Materials sent
to Signal Graphics, Inc., through the Site will be deemed NOT to be
confidential. By sending Signal Graphics, Inc. any information or Materials,
You grant Signal Graphics, Inc. an unrestricted, irrevocable, world-wide,
royalty free license to use, reproduce, display, perform, modify, transmit, and
distribute those Materials or information, and You also agree that Signal
Graphics, Inc. is free to use any ideas, concepts, know-how, or techniques that
You send us for any purpose.
12. Site Updates. Signal Graphics,
Inc. reserves the right to make modifications, alterations or updates to this
Site and these Terms & Conditions at any time and without notice to Users.
You accept the affirmative obligation to periodically review whether or not
these Terms and Conditions have changed, and Your continued use of this Site
shall be deemed an acceptance and agreement to be bound by such modifications,
alterations or updates.
13. Applicable Law & Dispute Resolution. These
Terms and Conditions are governed by the laws of the State of California,
without giving effect to any principles or conflicts of law. You hereby agree
that any dispute concerning these Terms & Conditions or other uses of this
Site shall be submitted to and determined in binding arbitration under the
Rules for Commercial Arbitration of the American Arbitration Association in
Orange County, California. The arbitration shall be governed by the Federal
Arbitration Act, 9 U.S.C. 1 et seq.
The arbitration shall be conducted by a single
neutral arbitrator. The decision rendered by the arbitrator shall be final and
binding upon the parties and may be entered as a judgment in, and enforced by,
any court of competent jurisdiction. In any action regarding these Terms and Conditions,
the prevailing party will be entitled to reasonable costs and attorney's fees.
In the event that any of the Terms and Conditions are held by a court or other
tribunal of competent jurisdiction to be unenforceable, those provisions shall
be limited or eliminated to the minimum extent necessary so that these Terms
and Conditions shall otherwise remain in full force and effect. These Terms and
Conditions are not governed by the United Nations Convention of Contracts for
the International Sale of Goods, the application of which is expressly
14. No Relationship. The use of this
Site creates no relationship, contractual or otherwise, between You and Signal
Graphics, Inc., or any Signal Graphics Center location or franchisee, or any
other entity, supplier or service provider.