Acceptance of Terms

Design Your Caps USA, LLC welcomes you to its website.   Design Your Caps USA, LLC provides its service to you subject to the following Terms of Service (“TOS”), which may be updated time to time without notice to you. If you use any part of this website, its content or images, you agree to accept the TOS.  If you do not agree to be legally bound by all the following rules and guidelines then please to not access and/or use the services of Design Your Caps USA, LLC. 

  1. Description of Service
  1. Design Your Caps USA, LLC provides the opportunity to purchase their product on a secure website (the “Service”).  You also understand and agree that the Service may include certain communications from Design Your Caps USA, LLC, such as service announcements, administrative messages, and that these communications are considered part of Design Your Caps USA, LLC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service Design Your Caps USA, LLC provides, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Design Your Caps USA, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. 
  2. Links
  1. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Design Your Caps USA, LLC has no control over such sites and resources, you acknowledge and agree that Design Your Caps USA, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Design Your Caps USA, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 
  1. Registration Information And Passwords
  1. You do not need to register to the site in order to purchase items from the site. Unregistered customers must provide minimum personal details relevant for the order and delivery of the Item. However, to obtain full access to the services, registration is required.  By registering with the site and providing any such data or other personal information you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
  1. During the registration process, you will be asked to select a password for your customer account. You agree to keep your password confidential at all times and must not disclose it to any third parties. You agree to be fully responsible for activities that relate to your customer account or your password.  If you have reason to believe that your password has been obtained by someone else without your consent, you must inform us immediately to disable your customer account.  Design Your Caps USA, LLC may change the TOS and the Registration Policy in the future to allow purchases to be made by registered customers only.
  1. Order Acceptance and Billing
  1. All billing information provided must be truthful and accurate.  Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation.  Prior to accepting an order, we may also request additional information from you.  All orders should have already been placed with Agent prior to purchasing at this site.  If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.  We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  Design Your Caps USA, LLC may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).  
  1. Pricing Information
  1. Prices are as listed on the Website.  Pricing errors may occur on the Design Your Caps USA, LLC Sites or through Design Your Caps USA, LLC Marketplace retailers.  Design Your Caps USA, LLC reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Design Your Caps USA, LLC.  Design Your Caps USA, LLC may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  
  1. Information Provided On The Design Your Caps USA, LLC Site
  1. Design Your Caps USA, LLC posts a variety of material on the Design Your Caps USA, LLC Site including without limitation, merchandise information, product descriptions, reviews, and comments, (collectively, “Materials”).  The Materials that appear on the Design Your Caps USA, LLC Site are for educational and informational purposes only.  Despite our efforts to provide useful and accurate information, errors may appear from time to time.  Design Your Caps USA, LLC and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Design Your Caps USA, LLC Sites.  Design Your Caps USA, LLC is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.  Product information contained on the Design Your Caps USA, LLC Sites may be different from information contained on the product materials due to manufacturer changes.  If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return). 

 

  1. DESIGN YOUR CAPS USA, LLC, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE DESIGN YOUR CAPS USA, LLC SITES.
  2. Intellectual Property
  1. All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Design Your Caps USA, LLC, one of its affiliates or by third parties who have licensed their materials to Design Your Caps USA, LLC and are protected by U.S. and international trademark and copyright laws.  You may access, view, download, and print the IP and all other materials displayed on the Design Your Caps USA, LLC Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner.  No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Design Your Caps USA, LLC Sites or your accessing, viewing, downloading, or printing of the IP.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Design Your Caps USA, LLC Sites or any related software.  All software used on the Design Your Caps USA, LLC Sites is the property of Design Your Caps USA, LLC or its suppliers and protected by U.S. and international copyright laws.  The IP and software on the Design Your Caps USA, LLC Sites may be used only as a shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of all IP on the Design Your Caps USA, LLC Sites is the exclusive property of Design Your Caps USA, LLC and is also protected by U.S. and international copyright laws.
  1. Additionally, you are required to ensure you have complied with all the Terms provided in the Delivery Information Section of our website.
  1. You agree to keep all records necessary to establish that your customer’s content does not violate any of the requirements of the TOS and make such records available upon our reasonable request. You acknowledge and agree that Design Your Caps USA, LLC does not keep any records of customer’s content whether incorporated into items or not.
  1. You retain ownership of your intellectual property and proprietary rights in any customer’s content. These terms do not prevent you front granting non-exclusive rights to use your customer’s content to others.
  1. You hereby grant Design Your Caps USA, LLC a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual property rights without limitation with respect to customer’s content worldwide or to incorporate customer’s content in other works in any media now known or later developed for the full term of rights that may exist in customer’s content.
  1. Use of Website and Furnished Information. 
  1. We may refuse to process a transaction for any reason or refuse to provide the services to anyone at any time at our sole discretion except as otherwise prohibited by law. The site will not be liable to you or any third party by reason of such a refusal or by reason of the unwinding or suspension of any transaction after processing has commenced.  Additionally, services will not be provided, or will be rescinded, if you, or the information provided by you, is of the following nature:
  1. You do not hold all necessary rights, licenses and consents to use the information;
  1. Using the information would cause you or Design Your Cap USA, LLC to violate any law, regulation, rule, code or other legal obligation;
  1. That is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  1. That is unsolicited, undisclosed or unauthorized advertising;
  1. that are or contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  1. that would bring Design Your Cap USA, LLC, or the site, into disrepute; or
  1. that infringes the Intellectual property or other rights of any person.
  1. We are under no obligation to regularly monitor the accuracy or reliability of customer’s content incorporated into any Items. We reserve the right to modify or remove any customer’s content at any time.
  1. We may terminate or suspend your access to the site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. Your account will then be reinstated, unless the data was not retained, in which case you will then have to open a new account.
  1. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
  1. Customers agree to provide all the information and materials as may reasonably be required by the site in relation to transactions conducted on, or through, or as a result of the use of the site. The site has the right to suspend or terminate any customer account if the customer fails to provide the information and materials as required by the site.
  1. You acknowledge and agree that Design Your Caps USA, LLC will undertake all reasonable steps to ensure that customer’s content is incorporated into Items in the highest resolution possible; however, the resolution reflected into Items is wholly dependent on the resolution of the customer’s content. As such, the customer agrees to provide only high-resolution customer’s content for incorporation into Items.
  2. Choice of Law; Jurisdiction; Forum
  1. The TOS will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Sarasota County, Florida, and you consent to the jurisdiction of such courts.
  1. Indemnification 
  1. You agree to defend, indemnify, and hold harmless Design Your Caps USA, LLC and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Design Your Caps USA, LLC Sites or any breach by you of this Agreement.
  1. No Warranty
  1. THIS SITE IS PROVIDED BY DESIGN YOUR CAPS USA, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS.  DESIGN YOUR CAPS USA, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DESIGN YOUR CAPS USA, LLC SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE DESIGN YOUR CAPS USA, LLC SITES.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DESIGN YOUR CAPS USA, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, DESIGN YOUR CAPS USA, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE DESIGN YOUR CAPS USA, LLC SITES.  YOU ACKNOWLEDGE, BY YOUR USE OF THE DESIGN YOUR CAPS USA, LLC SITES, THAT YOUR USE OF THE DESIGN YOUR CAPS USA, LLC SITES IS AT YOUR SOLE RISK.  THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DESIGN YOUR CAPS USA, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE DESIGN YOUR CAPS USA, LLC SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.
  1. Copyright Infringement Notification
    1. A notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. 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 permit the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
      5. A statement that 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;
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      7. Written notice should be sent to Design Your Caps USA, LLC’s designated agent as follows:
        1. DCMA Complaints
        2. Design Your Caps USA, LLC
        3. Netanya Center, 323 Sunny Isles Blvd 
        4. Sunny Isles Beach, Florida 33160
        5. USA
  1. Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements before making a complaint. 
  1. Complete Terms and Service.  
  1. These terms, and the documents expressly referred to in them, constitute the entire agreement between you and Design Your Caps USA, LLC, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the services.  Each party acknowledges that, in entering into these terms, neither of them rely on, and subsequently will have any remedy for, any representation or warranty that is not set out in these terms.
  1. Communications
    1. By using the site, you accept that communication with Design Your Caps, USA LLC will be mainly electronic. Design Your Caps USA, LLC will contact you by email or provide you with information by posting notices on the site.
    2. You acknowledge that all contracts, notices, information and other communication from Design Your Caps USA, LLC shall be provided electronically and comply with any legal requirements that such documents be delivered in a written format.
    3. If applicable law requires us to provide notice of termination or cancellation, Design Your Caps USA, LLC may give prior or subsequent notice by posting it on the site or by sending a communication to any address (email or otherwise) that Design Your Caps USA, LLC has for you in our records.
    4. If there are any questions or concerns about the TOS herein, please contact us at dycusa@designyourcaps.com