Terms & Conditions
TERMS AND CONDITIONS OF USE
CONTENT AND COPYRIGHT, TRADEMARK, AND RELATED ISSUES
All content, including information, text and graphics and all other material contained on the Website or features and functions which may be available on or through the Website (collectively, the "Content") is for your personal informational purposes only. Content is owned by TD or our licensors and is protected by the copyright, trademark and other laws and regulations of the United States and applicable foreign jurisdictions. Your use of the Content in any way not expressly permitted by these Terms and Conditions will immediately and automatically terminate your right to access the Website and/or use the Content. Access to the Website and the Content are subject to change or termination without notice.
With regard to content you may provide to TD to complete an order, you represent and warrant to TD that you have right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from TD. You warrant that in obtaining the material and submitting it to TD for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold TD and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against TD by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorney's fees incurred by TD in defending against any such suit, demand or claim.
The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold TD harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by TD by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through www.threadeddragon.com.
The trademarks, names, slogans, logos, characters and service marks (collectively the "Trademarks") displayed on our Website belong to TD or have been licensed to TD. Nothing contained on the Website should be construed as granting you any license or right to use any Trademark displayed on our Website. Your use/misuse of the Trademarks, except as provided in these Terms and Conditions, is strictly prohibited.
TD will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
LINKING / THIRD PARTY LINKS ON THE WEBSITE
Do not, without TD's written permission,: (a) incorporate any content from our Website into your website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Website in any "metatag" or other information used by search engines or other information location tools to identify and select websites.
LIMITATION OF LIABILITY
The use of the Website and Content is at your own risk. This site and the information, services, products, programs and materials available through it are provided on an "As Is" and "As Available" basis. Transmissions over the Internet and communications networks are not in TDs control and can never be completely secure. Accordingly, TD cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information you provide to us or the Website for any reason.
TO THE FULLEST EXTENT PERMITTED BY LAW, TD AND THE WEBSITE DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
In no event shall TD, the Website, our licensors, suppliers or Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, TD shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to the amount paid by you to access this web site or $1000.00, whichever amount is less. No claim or action arising from or concerning the Website, the Content or otherwise arising hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
You agree to defend, indemnify, and hold TD, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
TD is based in Colorado, in the United States of America. TD makes no claims that the Website, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any terms or conditions in these Terms and Conditions of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms and Conditions of Use.
LAW THAT APPLIES; INTERPRETATION AND MODIFICATION
By using the Website, you expressly agree and personally submit to the exclusive jurisdiction of the courts of the County of Douglas, State of Colorado, to adjudicate and resolve any dispute with TD, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Website, including, but not limited to, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE STATE OF COLORADO IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
By placing an order, you are entering into a contract for the purchase of specific embroidered goods and items sent to this site. You accept payment responsibility for the requested embroidered items. You also acknowledge that failure to pay for completed work may be subject of litigation in the state of Colorado.
Questions or comments regarding this Website, including reports of non-functioning links, should be submitted using our “Contact Us” form or via U.S. mail to:
Threaded Dragon Custom Embroidery, LLC
7621 E. Robin Rd.
Parker, CO 80138
THE INFORMATION WE COLLECT
We collect two types of information through our website:
1) Personal information (your name, email address, mailing address, phone number and/or credit card information) voluntarily given by you when you order or register on our site; and
2) Anonymous aggregate information (in the form of server log files) from which an individual cannot be identified.
HOW WE USE YOUR PERSONAL INFORMATION
Any of the information we collect from you may be used in one or more of the following ways: to personalize your experience (your information helps us to better respond to your individual needs); to improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); and to process transactions.
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
WHAT WE DO NOT DO WITH YOUR PERSONAL INFORMATION
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested; to administer a contest, promotion, survey or other site feature; and to send periodic emails. We will not disclose information obtained from you to third parties unless required to do so by law or any other governmental body, enforce our site policies, or protect ours or others rights, property or safety. We will never sell your email address or other details without your permission and all communications from us will contain a clear "unsubscribe" option.
HOW WE PROTECT YOUR INFORMATION
Keeping information about you secure is very important to us. Threaded Dragon Custom Embroidery, LLC will take precautions to protect against the loss, misuse and the alteration of your personal information under our control. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We use secure servers. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
However, no data transmission over the internet can be guaranteed to be totally secure, so any information that you send to us is at your own risk.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
TERMS AND CONDITIONS OF USE
This policy was last modified on 3/25/2013
QUESTIONS OR COMMENTS
7621 E. Robin Rd.
Parker, CO 80138
Your satisfaction is extremely important to us. We are always happy to do what we can to ensure you a pleasant shopping experience. We are human and sometimes make mistakes, but just let us know and we will do our best to correct them as quickly as possible.
All prices are listed in U.S. Currency and do not include shipping and handling. Prices are subject to change.
ORDER PROCESS POLICY
After you submit your order, you will receive a computer-generated confirmation that your order has been placed. Your order will be completed within the timeframe specified on the confirmation. For standard shipping, please allow additional 1-7 business days for transit.
Sales tax is calculated based upon the sales tax rate in Douglas County located in Parker, Colorado.
RETURN POLICY, CANCELLATION & REFUNDS
Due to the custom nature of most embroidery orders, most products may not be eligible for refund. However, replacements and credits maybe issued under certain circumstances and will be handled on individually.
Shipped Orders: After an order has been submitted and confirmed with payment, or arrangements for payment, whether online or by telephone order, and once shipment has been made from any of the warehouse affiliates of TD, cancellation of that order - in part or in whole - will result in a 20 percent re-stocking charge. The client's credit card or account will in turn be credited with the balance, i.e., 80 percent of the cost of their order. Return shipment will be at client's expense. This applies only to merchandise which has not been customized.
If product purchased is damaged or defective upon receipt or if the incorrect garments/accessories were shipped, re-shipment will be implemented upon return of damaged, defective or incorrect goods. In case of dissatisfaction of a received product that is not damaged, but has been customized and where design and garment/accessories were approved by the customer no credit will be issued. All postage is the responsibility of the purchaser.
All refunded orders will incur a 20% reversal charge, to help offset banking fees.