Dekal.com Terms of Use

Welcome to the Dekal.com website (the "Site"), a service of Dekalization, Inc., a New Hampshire corporation, ("Dekal", "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" or "Terms of Use"). Please read them carefully. By using or accessing this Site or submitting an order or other information 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 or use the Site. Dekal 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.

Dekal has the sole discretion to reject any order, including those 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 Dekal.com production.

You agree to not use Dekal's 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.

License:

Subject to the terms of this Agreement, you may browse the Site for personal ordering of Dekal products, entertainment and information. You may not distribute, modify, transmit or revise any materials contained on the Site without the written permission of Dekal.

User Submissions:

Except as otherwise expressly specified in our Privacy Statement, on the Site, or in the Agreement, any information, communications, materials, or designs that you post or transmit to the Site ("Communications") are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of Dekal. By transmitting or posting any Communications on or to the Site, you grant to Dekal or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. Dekal and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

Shipping and Risk of Loss:

Dekal will use reasonable efforts to ship orders under the following guidelines:

All stock items ordered before 2 p.m. EST ship on the same business day.

All stock items ordered after 2 p.m. EST ship on the next business day.

All custom items ship within 2 business days of completion.

All orders are shipped FOB Dekal's place of business, Merrimack, New Hampshire. All items purchased from Dekal 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 prior written authorization from Dekal. A 25% restocking fee may apply.

Dekal 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. 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 Dekal 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 party's 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 Dekal, or used with the express permission of the copyright, trademark name or service mark owner, and therefore is protected by U.S. and international laws. This Site and the Content may be used only to design and order printed material from Dekal 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 Dekal in writing.

Use Limitation:

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, transfer, or sell any Content, information, software, products, or services obtained from this Site. Notwithstanding the foregoing, you are hereby granted a personal, non-transferable license to use the Site templates and graphics accessible on the Site graphics layout pages to create custom decals ("Custom Decals"). You agree that such Custom Decals works are derivative of the Content to which Dekal retains exclusive ownership. You may use any such Custom Decals strictly for your personal use, and may not further copy or distribute such Custom Decals to any third party without the express written consent of Dekal. Nothing in this section may be construed to grant any ownership rights in the Content to you or any third party.

Trademarks:

Dekal, Decalization, and Dekal.com are trademarks and service marks of Dekal, and may not be used without the express written permission of Dekal.

Our Rights:

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

satisfy any law, regulation, or government request; or

protect our rights or property or the rights of users, sponsors, providers, licensers, licensees, vendors, or merchants.

If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive materials submitted by you, we may investigate the allegation and determine in our sole discretion whether to take subsequent action consistent with any law or the terms of this Agreement.

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, DEKAL PROVIDES THIS SITE ON AN "AS IS" BASIS. DEKAL 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. DEKAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PRODUCTS SOLD ON THIS SITE, INCLUDING, BUT NOT LIMITED TO NONINFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DEKAL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON THE SITES OF THIRD PARTIES THAT MAY EITHER LINK TO OR BE LINKED FROM THIS SITE.

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 terminate this Agreement by ceasing all your access, visitation or 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 submitted by customers in the State of New Hampshire or orders shipping to an address within the State of New Hampshire. 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 Merrimack, New Hampshire within the United States. By using this Site, you agree that any legal action brought against Dekal shall be governed by the laws of the State of New Hampshire 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 New Hampshire state court located in Hillsborough County, New Hampshire, United States. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

Privacy Statement:

Dekal recognizes, respects, and protects the privacy of its customers. Your contact and payment information ("Personal Information") are held in trust when you shop online with us. We do not sell, rent, trade or share your Personal Information. We require and only use information our customers knowingly and willingly provide to process their order, to fulfill their service request, or to enhance their shopping experience. If you do not wish your information to be processed online you do have the option of placing an order over the phone by calling us at 603.238.3280.

We use Personal Information for the sole purpose of processing your order or contacting you if necessary. We do provide you with the option of receiving special promotions and offers from Dekal via e-mail or US mail from time to time. You may at any time contact us at info@dekal.com or at 603.238.3280 to cancel this service.

Registration. You can register for membership on our Site so that we can store your contact information and other preferences so that you will not need to retype this data the next time you access our Site. Note that before you can purchase items using our shopping cart on the Site, you must complete the registration form. In addition, the registration form gives you the opportunity to receive e-mail messages from us containing Dekal catalog information as well as updates on our new products and services. However, information you submit on our Site will not be used for this purpose unless you agree to this on the registration form. When you register for membership on the Site, we provide you with the opportunity to "opt out" of receiving any catalog, product, service or other informational emails from Dekal. If you choose to "opt out", we will only use your return email addresses to answer the email we receive and to provide necessary status information regarding your orders or your membership. Such addresses are not used for any other purpose and are not shared with outside parties.

If you are granted access to any protected areas of the Site by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You agree to notify Dekal immediately of any unauthorized use of your password(s).

Automatic collection of information. Like many websites, our Site may periodically utilize a technology called "cookies" to improve your experience in using the Site, as well as our efficiency in filling your orders. A cookie is a small data file that a web server can deliver to your browser, which is then stored on your computer's hard drive. Cookies are designed to permit us to provide better or more personalized service when you are visiting our Site, and can also identify web sites visited between visits to our Site.

You can set your browser to notify you when you receive a cookie, providing you with as much control as you wish as to the decision to accept/reject the cookie, and deletion of the cookie upon leaving our Site. However, please note that if your browser does not accept cookies, you will not be able to proceed through Dekal's on-line Shopping Cart check out process. If this is the case, you may place your order through our direct sales department at 603.238.3280, Monday through Friday, 9:00 a.m. to 5:00 p.m., Eastern Standard Time. Please refer to your browser's Help information for details on setting cookie notification services.

We may also track the Internet domains from which people contact us, and from time-to-time may gather information concerning the "referring" domain that a person visited prior to our Site, and the "destination" domain a person visits after leaving our Site. Information automatically collected is used to identify and analyze the trends and statistics of visits to our Site and to make our Site more responsive to the needs and interests of our customers.

By providing personal and business information on our registration form and by accepting any cookies provided by Dekal, you consent to our collection and use of information in accordance with this Agreement. If you do not agree to the provisions of this Agreement, you can refuse to register, refuse to accept cookies, or refuse to volunteer optional information.

It is not possible for web sites to achieve perfect security. We do, however, take commercially reasonable physical, electronic, and managerial precautions using widely accepted methods to safeguard the security of your information against inadvertent disclosure to unauthorized persons. Security controls may include standard 128-bit SSL (Secure Socket Layers) to protect the security of information transmitted directly through this Site. As is generally the case, this protection does not extend to Internet e-mail messages sent outside this Site directly to and from individual e-mail addresses.

You can access all your personally identifiable information that we collect online and maintained by Dekal through your "My Dekal" page. We use this method to allow Dekal members, to correct, amend or delete any inaccurate entries, and to better maintain and safeguard their information.

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our Site is structured to attract anyone under 13.

General:

The section titles contained herein are for convenience only and have no legal or contractual effect.

The failure of Dekal to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

You agree that no agency, joint venture or partnership relationship exists between you and Dekal as a result of this Agreement or your use of this Site.

You may not assign your rights or delegate your duties under this Agreement.

Third party sites may be linked to from the Site. Such linked sites are not under the control of Dekal, and Dekal is not responsible for the content of any linked site or any link contained in a linked site. Dekal reserves the right to terminate any link or linking program at any time. Dekal does not endorse companies or products to which it links, unless it expressly states otherwise. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.

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 valid 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 Dekal with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dekal 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: