Last Revised 07-01-2016
Your purchase of CANVAS ON THE CHEAP™ products or services is subject to this Terms of Sale. By clicking the "SECURE CHECKOUT" button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of CANVAS ON THE CHEAP™ services and your use of the CANVAS ON THE CHEAP™ Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the CANVAS ON THE CHEAP™ Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
The primary value of the CANVAS ON THE CHEAP™ Website (Web Site) is the ability for users and potential purchasers ("Users") to create signs and graphics that display any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no CANVAS ON THE CHEAP™ employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the signs or graphics created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that signs that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the tool on the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
"Realm of Control" refers to any part of a sign that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While CANVAS ON THE CHEAP™ does not review the content of your sign or product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of CANVAS ON THE CHEAP™ that you have violated the Terms of Service or this Terms of Sale, you agree that CANVAS ON THE CHEAP™ will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property, as provided in Paragraph 7.2 of the Terms of Service.
CANVAS ON THE CHEAP™ sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view CANVAS ON THE CHEAP™ products solely through their computer screens ("Monitors"). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
Further, computer monitors display images with light and use a standard known as RGB to do so. CANVAS ON THE CHEAP™ produces products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that CANVAS ON THE CHEAP™ does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. CANVAS ON THE CHEAP™ works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
CANVAS ON THE CHEAP sells products made of canvas. You agree that you have read our website and/or researched independently and that you know what this material is and what you are buying. CANVAS ON THE CHEAP only guarantees that you will receive the material advertised on the Web Site that you purchase. You agree that CANVAS ON THE CHEAP is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
As an example, you agree CANVAS ON THE CHEAP is not responsible if the Canvas received by the purchaser is not what the purchaser envisioned Canvas would be.
You agree that all products produced and sold by CANVAS ON THE CHEAP are for novelty purposes only. CANVAS ON THE CHEAP does not make any claims about the legal compliance or registration of signs, license plates, or any other products sold by CANVAS ON THE CHEAP or by a CANVAS ON THE CHEAP affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of Canvas or other products permitted for your particular use.
CANVAS ON THE CHEAP™ permits users to upload images onto their signs and products through the CANVAS ON THE CHEAP™ Web Site. You agree that CANVAS ON THE CHEAP™ is not responsible for the quality of the images you upload.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing.
Images are created and stored in a variety of ways and you agree that CANVAS ON THE CHEAP™ is not responsible for ensuring quality images for any image file format available on the Web Site.
CANVAS ON THE CHEAP™ works hard to ensure that orders will be produced and exit the CANVAS ON THE CHEAP™ facility within three business days from the date of order. The date of order is the calendar date of order if the order is placed before 6:00pm Central Standard Time and the next business day after the calendar date of order if the order is placed between 6:00pm and 11:59pm Central Standard Time.
This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday of the same week. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree that CANVAS ON THE CHEAP™ will take at least 3 business days to produce your order and that it may take longer than 3 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Title to your purchased goods shall pass to you at the time CANVAS ON THE CHEAP™ deposits such purchased goods with its designated shipper.
You agree that CANVAS ON THE CHEAP™ guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to CANVAS ON THE CHEAP™. Upon receipt of the product or the photograph, CANVAS ON THE CHEAP™ will send a replacement of the product or will issue CANVAS ON THE CHEAP™ credit for the purchase value of the failed or broken product(s). CANVAS ON THE CHEAP™ credit can be used on the CANVAS ON THE CHEAP™ website for any purchase.
CANVAS ON THE CHEAP™ does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of CANVAS ON THE CHEAP™. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by CANVAS ON THE CHEAP™ as to the cause of the failure or breakage.
CANVAS ON THE CHEAP™ provides many opportunities to review, revise and cancel the order process before actually placing your order. CANVAS ON THE CHEAP™ is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that CANVAS ON THE CHEAP™ is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A CANVAS ON THE CHEAP™ employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
Last Revised 07-01-2016
Welcome to the CANVAS ON THE CHEAP™ web site, which is located at CanvasOnTheCheap.com™ (the "Web Site"). The following Terms of Service ("TOS") contain the terms that govern your use of the Web Site and CanvasOnTheCheap.com™ Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the CANVAS ON THE CHEAP™ Service. Use of the CANVAS ON THE CHEAP™ Web Site constitutes acceptance of these TOS. CanvasOnTheCheap.com™ is a Trademark of CANVAS ON THE CHEAP™.
CANVAS ON THE CHEAP™ reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the CANVAS ON THE CHEAP™ Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the CanvasOnTheCheap.com™ Service. Your continued use of the CANVAS ON THE CHEAP™ Web Site following posting of a new TOS on the CANVAS ON THE CHEAP™ Web Site will constitute binding acceptance of the changes.
CANVAS ON THE CHEAP™ provides a number of Internet-based services through the Web Site (all such services, collectively, the "CanvasOnTheCheap.com™ Service"). One such service enables users to create customized merchandise, signs, magnetics, bumper stickers, and banners (collectively, "Products"). CANVAS ON THE CHEAP™ users may create and purchase individual Products for their own use.
4. Use of Your Content.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with CANVAS ON THE CHEAP™'s design tools, however, you grant the following licenses to CANVAS ON THE CHEAP™: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as CANVAS ON THE CHEAP™, in its sole discretion, finds necessary to achieve the above listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify CANVAS ON THE CHEAP™ of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that CANVAS ON THE CHEAP™ may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
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 CANVAS ON THE CHEAP™ permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that CANVAS ON THE CHEAP™ will have no obligation to keep any Submissions confidential. You will not bring a claim against CANVAS ON THE CHEAP™ based on "moral rights" or the likes arising from CANVAS ON THE CHEAP™'s use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with CanvasOnTheCheap.com™ Service.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF CANVAS ON THE CHEAP™ EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE CANVAS ON THE CHEAP™ WEB SITE OR AS STATED BY AN AUTHORIZED CANVAS ON THE CHEAP™ AGENT.
You agree to indemnify and hold CANVAS ON THE CHEAP™ and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "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 Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify CANVAS ON THE CHEAP™ under this Section, CANVAS ON THE CHEAP™ 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 CANVAS ON THE CHEAP™'s express written permission.
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 CANVAS ON THE CHEAP™, you must use the following addresses: 11525A Stonehollow Dr. Suite 100. Austin, TX. 78758. SERVICE@CanvasOnTheCheap.com™. If CANVAS ON THE CHEAP™ provides notice to you, CANVAS ON THE CHEAP™ will use the contact information provided by you to CANVAS ON THE CHEAP™. 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.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the CanvasOnTheCheap.com Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Build A Sign LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the BuildASign.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the CanvasOnTheCheap.com™ Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
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 Texas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of CANVAS ON THE CHEAP™. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby 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 CANVAS ON THE CHEAP™ 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.