Terms of service
Overview and Acceptance
This website is provided by ProColorTransfers, referred to herein as ProColorTransfers, we, us, or our. Access to and use of this site, including all information, tools, and services made available, is conditioned on your acceptance of all terms, conditions, policies, and notices described in these Terms of Service. By visiting the site or purchasing from us, you agree to these Terms, together with any additional terms referenced in or linked from this document. If you do not agree to all terms and conditions, you may not access the site or use the Services. If these Terms are deemed an offer, acceptance is expressly limited to these Terms.
Any feature or tool added to the online store will also be governed by these Terms. The current version will always be available on this page. We may update, modify, or replace any part of these Terms by posting changes on the website. You are responsible for checking this page periodically. Your continued access or use after changes are posted constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform enabling us to sell products and services to you.
1. Eligibility and Store Use
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have provided consent for your minor dependents to use this site. You agree not to use our products or Services for any unlawful or unauthorized purpose, and you agree not to violate any laws applicable to you in the course of using the Service, including intellectual property laws. You must not transmit worms, viruses, malware, or code of a destructive nature. Any breach of these Terms may result in immediate termination of your access to the Services.
2. General Service Conditions
We may refuse service to anyone, at any time, for any reason. You understand that content you provide, excluding credit card information, may be transferred unencrypted, may traverse various networks, and may be modified to meet technical requirements of connecting networks or devices. Credit card data is always encrypted during transmission across networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission. Section headings are included for convenience and do not limit the scope of any provision.
3. Site Information, Completeness, and Timing
We do not warrant that information on this site is accurate, complete, or current. Materials are provided for general information only and should not be the sole basis for decisions without consulting primary, more complete, or more timely sources. Your reliance on site materials is at your own risk. The site may contain historical information, which is provided for reference only and is not current. We may change any content on the site at any time, without an obligation to update information. You agree it is your responsibility to monitor changes to the site.
4. Service and Price Changes
Prices for products are subject to change without notice. We may modify, suspend, or discontinue the Service, or any part or content, at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Products and Services Availability
Certain products or Services may be offered exclusively online. These items may be available only in limited quantities and are eligible for return or exchange only according to our Refund Policy, insert refund policy link. We attempt to display product colors and images as accurately as possible, however we cannot guarantee that your monitor will render colors accurately. We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region, or jurisdiction, and we may exercise this right case by case. We reserve the right to limit quantities of any products or Services we offer. All product descriptions and pricing may change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer for any product or Service on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material you purchase will meet your expectations, or that any errors in the Service will be corrected.
6. Billing, Orders, and Account Details
We reserve the right to refuse any order. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed by or under the same account, the same credit card, or orders using the same billing or shipping address. If we modify or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase. We also reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all transactions, and to promptly update your account, email address, and payment details so we can complete transactions and contact you as needed. For additional details, please review our Refund Policy, insert refund policy link.
7. Third-Party Tools and Optional Features
We may provide you with access to tools operated by third parties that we do not monitor or control. You acknowledge and agree that we provide access to such tools as is and as available, without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party providers. We may also introduce new Services, features, tools, or resources in the future, which will likewise be subject to these Terms.
8. Links to External Sites and Third-Party Content
Some content, products, and Services available via our Service may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We do not examine or warrant the content or accuracy of third-party materials or websites, and we accept no responsibility for any third-party materials, websites, or other products or services. We are not liable for any harm or damages arising from purchases or use of goods, Services, resources, content, or transactions connected with third-party websites. Review the third party’s policies and practices carefully and ensure you understand them before any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
9. User Submissions, Feedback, and Communications
If you submit, at our request or otherwise, ideas, suggestions, proposals, plans, creative work, contest entries, or other materials, collectively comments, whether online, by email, by mail, or otherwise, you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate, and use in any medium any comments you forward to us. We are not obligated to maintain comments in confidence, to pay compensation, or to respond. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property or these Terms. You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You agree that your comments will not contain unlawful, abusive, or obscene material, or include any computer virus or other malware that could affect the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties as to the origin of any comments. You are solely responsible for comments you make and their accuracy. We assume no liability for comments posted by you or any third party.
10. Personal Data and Privacy
Your submission of personal information through the store is governed by our Privacy Policy, insert privacy policy link.
11. Intellectual Property Responsibility for Submitted Content
By using our Services, you acknowledge that ProColorTransfers operates as a printing service provider. We do not perform trademark, copyright, or other intellectual property clearance on materials you submit for printing. You bear sole responsibility for ensuring that your content, including logos, trademarks, designs, artwork, or any other material, does not infringe the intellectual property or other rights of any third party. You agree to indemnify and hold harmless ProColorTransfers from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to alleged or actual infringement or misuse of third-party rights in connection with the materials you provide. We reserve the right to refuse any order if we believe the submitted content may infringe third-party rights or violates these Terms.
12. Errors, Inaccuracies, and Omissions
Occasionally, information on the site or within the Service may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order. Except as required by law, we undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information. Any update or refresh date mentioned in the Service or on any related website should not be taken to indicate that all information has been modified or updated.
13. Prohibited Conduct
In addition to other prohibitions set forth in these Terms, you must not use the site or its content, a, for any unlawful purpose, b, to solicit others to perform or participate in unlawful acts, c, to violate international, federal, provincial, state, or local laws, regulations, rules, or ordinances, d, to infringe or violate our intellectual property rights or the rights of others, e, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, f, to submit false or misleading information, g, to upload or transmit viruses or malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet, h, to collect or track the personal information of others, i, to spam, phish, pharm, pretext, spider, crawl, or scrape, j, for any obscene or immoral purpose, or k, to interfere with or circumvent security features of the Service, any related website, other websites, or the Internet. We may terminate your use of the Service or of any related website for violating any prohibited use.
14. Warranties Disclaimer and Limitation of Liability
We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error free. We do not warrant that results that may be obtained from the Service will be accurate or reliable. We may remove the Service for indefinite periods or cancel the Service at any time, without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are, unless expressly stated otherwise, provided as is and as available for your use, without any representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non infringement. In no case shall ProColorTransfers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, including negligence, strict liability, or otherwise, arising from your use of the Service or any products purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, errors or omissions in any content, or any loss or damage incurred as a result of content, products, or services posted, transmitted, or otherwise made available via the Service, even if advised of the possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless ProColorTransfers, including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
16. Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This determination will not affect the validity and enforceability of any remaining provisions.
17. Termination
Obligations and liabilities incurred prior to termination shall survive termination for all purposes. These Terms are effective unless and until terminated by you or by us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing use of the site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination, and, accordingly, we may deny you access to our Services, in whole or in part.
18. Entire Agreement
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
19. Governing Law
These Terms, and any separate agreements under which we provide Services, shall be governed by and construed in accordance with the laws of the United States.
20. Changes to These Terms
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically. Your continued use of the website or the Service following the posting of any changes constitutes acceptance of those changes.
21. Contact and Notices
Questions about these Terms should be sent to order@procolortransfers.com.