Terms of Use

Welcome to the SchoolBarn.com™ web site (the "Site"), a service of SchoolBarn.com™, Inc., a Florida corporation, ("SchoolBarn","our", "us", or "we"). This Site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions and notices contained below (the "Agreement"). Please read them carefully. By using or accessing this Site or submitting an order through this Site, you indicate that you have read and understand this Agreement, and agree to be bound by the terms and conditions contained herein. If you do not accept this Agreement, do not access and use the Site. We may revise this Agreement at any time without notice. We encourage you to review the Site and these terms periodically for any updates or changes.

Your Orders:

By placing an order on this site, you represent that you have the right to use all logos, text and/or graphics submitted by you to us. We reserve the right, in our sole discretion, to refuse to accept orders from customers who we have reason to believe have infringed or otherwise violated the intellectual property rights of others.

We have the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, disability or national origin, containing explicit sexual content or is otherwise inappropriate for our production.

You agree to not use our services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Shipping and Risk of Loss:

We will use reasonable efforts to ship orders within 2 business days of completion.

All orders are shipped FOB SignsByYou’ place of business, Lake City, Florida. All items purchased from us are delivered pursuant to a shipment contract with the carrier of our choosing. The risk of loss and title for such items will pass to you upon our delivery of your order to the carrier. Any shipping damage should be reported at the time of delivery to the shipping company. If special packaging is required for proper shipping, you will be charged accordingly.

Refunds, Order Changes, and Cancellations:

Understandably, personalized and custom items may not be returned for a refund. All other items will not be accepted without written authorization from SignsByYou. A 25% restocking fee may apply.

We will use reasonable efforts, upon your request, to change or cancel your order prior to production. If the order has not yet started the production process, no additional change or cancellation fees will be applied. If your order is changed, the setup fees may vary from the original quote depending on your requirements.

If the order has reached the pre-production set up phase, there may be cancellation or change charges that apply. All of these charges will be a direct pass through from the manufacturer to you. If your order is changed, the setup fees may vary from the original quote depending on your requirements.

If an item has begun production, unfortunately, we cannot stop or change the order. We can, if you wish, prevent shipment or redirect it. You will be charged the full amount of the order for all orders cancelled at this stage.

Indemnity

By using this Site, you agree to indemnify, defend and hold us harmless from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use of the Site in violation or breach of this Agreement. By submitting an order to us, you agree to defend, indemnify and hold us harmless from and against any and all liability, claims, costs and expenses (including reasonable legal fees and expenses) in any action by any third party based on a claim that you infringed such third parties intellectual property rights.

All content on this Site, including but not limited to the arrangement and assembly of the Site, text, graphics, logos, button icons, images and software (collectively "Content"), is copyrighted as the original creation of SignsByYou, or used with the express permission of the copyright, trademark name or service mark owner, and therefore is protected by U.S. and international copyright laws. This Site and the Content may be used only to design and order printed material from us or its authorized affiliates. Any other use, including but not limited to, reproduction, modification, distribution, redistribution, publication, or republication of any or all of the Content on this site is strictly prohibited.

The Content, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose, commercial or otherwise, that is not expressly permitted by us in writing.

Personal and Non-Commercial Use Limitation:

This Site is for your personal noncommercial use. The Content and software on this site may only be used as a shopping resource. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from this Site.

Our Rights:

Notwithstanding anything contained herein to the contrary, We may elect to electronically monitor areas of the Site and may disclose any information, records, or electronic communication of any kind to:

If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request removal of such content from the Site.

WE MAY TERMINATE OR SUSPEND YOUR ACCESS TO THE SITE WITHOUT NOTICE FOR ANY CONDUCT WE BELIEVE IN OUR SOLE DISCRETION IS VIOLATIVE OF THESE TERMS OF USE OR ANY APPLICABLE LAW OR IS HARMFUL TO OUR INTERESTS.

We reserve the right to limit quantities of items purchased by each customer.

Disclaimer and Limitation of Liability:

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE PROVIDE THIS SITE ON AN "AS IS" BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE PRODUCTS OFFERED ON THIS SITE. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SITE FROM THIRD PARTIES NOT ASSOCIATED WITH US.

Termination:

These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Site. If at any time after such termination you return to the Site, your reuse of the Site will constitute a re-acceptance of the Agreement.

YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.

Sales Taxes and Duties:

We shall automatically charge and withhold the applicable sales tax for orders from the State of Florida. Customers from any other state or country shall be solely responsible for all other taxes and duties applicable in their jurisdiction.

Jurisdiction and Venue:

We control the Site from our offices in Lake City, Florida within the United States. By using this site, you agree that any legal action brought against us shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. By using this site you agree that the sole jurisdiction and venue for any litigation arising from your use of this site shall be an appropriate United States federal or Florida state court located in Columbia County, Florida, United States. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

General:

These section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright Notice:

Copyright © 2000-2005 SchoolBarn.com™, Inc., a Florida Corporation, 162 SW Spencer CT, Lake City, Florida, United States. All Rights Reserved. Any rights not expressly granted herein are reserved.