Terms and Conditions

SplashBrands, LLC, LLC (“Company,” “our” or “us”) provides its services to users of this Website (“User” or “you”) subject to the following Terms and Conditions. If you visit or shop at Company’s Website, you accept these Terms and Conditions. If you do not agree to be bound by all Terms and Conditions of use, please do not use or access this site.

The following Terms and Conditions govern the use of this Site and any other site owned or operated by SplashBrands, LLC, LLC that links to these Terms and Conditions. We reserve the right to modify these Terms and Conditions at any time. You agree that neither the SplashBrands, LLC nor any affiliate of SplashBrands, LLC (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of this site, in whole or in part, or of any service, content, feature, or product offered through this site. Your continued use of the site after such changes, including but not limited to any changes to these Terms and Conditions, will indicate your acceptance of such changes.

Electronic communications

When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

License and site access

Company grants you a limited license to access and use this site. You may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Company. Company notes that you are permitted to download certificate templates which are specifically designated on the Website as free for downloading. This license does not include any: (1) resale or commercial use of this site or its contents; (2) any collection and use of any images, product listings, descriptions, or prices; (3) any derivative use of this site or its contents; or (4) any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize any framing techniques to enclose any image, trademark, logo, or other proprietary information of Company without our express written consent. You may not use any metatags or any other hidden text utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company.

Disclaimers and limitation of liability

Users of this site expressly agree that use of this site is at User's sole risk. Neither Company, nor any of its officers, directors, employees, representatives, or agents warrant that this site will be uninterrupted or error-free; nor do they warrant or make any representation regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this site.

THIS WEBSITE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THIS WEBSITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.00. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall Company or its officers, directors, employees, representatives, or agents or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to this site's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Indemnity

You agree to defend, indemnify, and hold Company and its officers, directors, employees, representatives, and agents harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, costs and expenses (including reasonable attorneys and accountant’s fees and costs) resulting from, or alleged to result from, (1) your violation of these Terms and Conditions and Company’s Privacy Policy, and/or (2) claims by third parties against Company relating in any way to or arising from an alleged breach of any third party’s intellectual property or other rights resulting directly or indirectly to or arising from your submission(s) of information, files, documents, photos, text, trademarks, designs, or any other submissions to the Company, and/or (3) your violation of the rights of any third party.

User submissions

By using Company’s Website, User agrees, acknowledges, and warrants that User has all necessary rights to use all intellectual property, including all trademarks, copyrighted works, and other materials submitted by User to Company (“Submitted Materials”). User further agrees to comply with any restrictions or conditions imposed on the User by any third party in connection with such Submitted Materials. User shall grant and hereby grants to Company a limited, non-exclusive, perpetual, royalty-free license to use the Submitted Materials to create samples and fulfill your order and to display all products, materials, and designs created using Company’s Website, including the Submitted Materials, to market and advertise the Company’s goods and services through the Website, in print materials and in any other medium now known or hereinafter developed.

By using Company’s Website, User further agrees not to use Company’s services to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, 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.

Governing Law

The party you are contracting with and the seller of the products and services offered and sold on this Site is SplashBrands, LLC, a limited liability company organized under the laws of Texas. All issues related to the protection, infringement, or misuse of copyrighted materials and other matters relating to your access to or use of the site shall be governed by the copyright laws of the United States of America. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Dallas County, Texas. You agree to submit to the jurisdiction of courts sitting in Texas, and agree that venue in these courts is proper in any such legal action or proceeding.

Modification and severability

Company reserves the right to make changes to our site, policies, and these Terms and Conditions at any time, effective immediately upon the posting on this site. Please check this page of the site periodically. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Electronic communications
License and site access
Disclaimers and limitation of liability
Indemnity
User submissions
Links to other sites
Governing Law
Modification and severability