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Terms and Conditions

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ANY TERMS OF USE AND PRIVACY POLICY SPECIFIED ON THE SITE.

1. Acknowledgment and Agreement

The service provided through this website (the "Service"), is provided to you ("you" or "User") in accordance with these Terms and Conditions of DiscountPosterSale.com. The Terms of Use and Privacy Policy are hereby incorporated into and made a part of these Terms and Conditions. We may change the Terms and Conditions at any time by posting the revised Terms and Conditions on this website. If we revise the Terms and Conditions, such revision shall be effective thirty (30) days after posting the new the Terms and Conditions on this site. You are responsible for periodically reviewing changes to the Terms and Conditions, which you can do by clicking on the “the Terms and Conditions” or similar link. You agree that your continued use of the Service following any changes to the Terms and Conditions and after the changes take effect will constitute your acceptance of such changes. If you do not agree to such changes to the Agreement, your only remedy is to discontinue use of the Service and to cancel your account. YOU HEREBY REPRESENT AND WARRANT TO US THAT (A) YOU ARE 18 YEARS OF AGE OR OLDER, (B) YOU WILL PROVIDE TRUE, ACCURATE, CURRENT, AND COMPLETE INFORMATION (INCLUDING AN ACCURATE EMAIL ADDRESS OR ALTERNATE MEANS OF CONTACTING YOU) IN YOUR REGISTRATION FOR THE SERVICE, AND (C) THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

2. Description of Service

If you sign up for a membership, you may receive an incentive for joining the program. As a member, you are entitled to access discounts and/or other benefits on certain products and services offered by the provider of this Service, as explained in the program materials or on the program website. Some benefits may not be available in your area. Please see your program materials and program website for details and limitations. This program is not available for Corporate Accounts or for customers who purchase products for business or institutional use or for the purpose of resale. We reserve the right to suspend or end the program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the program in certain geographic areas, without prior notice, in our sole discretion. We reserve the right to request additional information, to reject any order or to cancel any membership.

New customers may receive an incentive for their first purchase with us. Once your order is processed, the order cannot be canceled. Most deliveries take 2-9 business days after shipment. Actual delivery time depends on shipping distance, availability of the ordered poster or art print and the shipping method you choose. Shipping is available only to addresses in the United States at this time, excluding the following states: Massachusetts, New Jersey, Hawaii and Alaska. Shipments cannot be delivered to U.S. military bases, P.O. boxes and destinations different than the billing address. Orders must be placed and credit approved no later than 2:00 p.m. Eastern / 11:00 a.m. Pacific for shipping to occur within the next two business days if item is in stock. Title to, and risk of loss of, the products passes to you upon delivery to the place directed by you. By placing an order, you agree that prints and posters will not be deemed defective and eligible for replacement or refund solely because colors do not match those in any catalog, paper or electronic, nor because image or paper size varies by up to two inches in length or width from dimensions specified in database. If your purchase is defective, a replacement will be sent out or a credit may be issued at our discretion if we are notified of the defective item within 10 days of receipt. Returns for any other reason will be subject to a 20% restocking fee and S&H costs will be the responsibility of the customer to return the item to us. No credit will be issued for any package that is refused at delivery. In order to cancel your order or if you have received a defective item, you must first contact our Customer Service at 1-866-228-8510 for replacement/refund information. Customer Service will assign you a return material authorization number (RMA#) that must appear with the return shipping address. Returns without a valid RMA# will not be accepted. We reserve the right to cancel orders at any time with prior written notification.

3. Payment Terms

Payment terms are as specified in the Terms of Offer/Offer Details. Payment terms (including the amount of fees) may be updated by us from time to time.

4. Term

The term of this Agreement will be for such period of time until the Service is canceled. You may terminate this Agreement and your Service at any time without further obligation. If you are enrolled in more than one program, each must be canceled separately. To cancel, call toll-free 1-866-228-8510.

5. Indemnification

You agree to indemnify, defend, and hold us harmless as well as any parent company, subsidiaries, affiliates, owners, managers, officers, employees, agents and assigns, against liability related to any claim or demand, including reasonable attorneys' fees, due to or arising out of any alleged violation of this Agreement by you, or any alleged violation of any rights of others by you.

6. Disclaimer of Warranties and Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OFFERS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. NEITHER THESE TERMS AND CONDITIONS NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. WE AND ANY PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS, OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY CHARACTER, EVEN IF WE ARE AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THIS SERVICE. OUR LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Force Majeure

Neither party shall be liable to the other for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

8. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the Service and supersede all previous proposals, both oral and written, representations, writings and all other communications between the parties.

9. General

These Terms and Conditions and the relationship between the parties shall be governed by the laws of the state of Florida without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

All parties and/or users agreeing to these Terms and Conditions agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. The arbitration proceeding shall be construed in accordance with the applicable laws of the State of Florida. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.

All parties and/or users agreeing to these Terms and Conditions agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:

  1. All relevant and discoverable information or data (in any form) shall be strictly limited to the dates of use by the user of the products and services offered hereunder who is requesting any such information. No discovery, including eDiscovery, shall be provided for timeframes outside the timeframe of use of the requesting party, and shall be limited to information or data that is reasonably accessible to company. All parties and users agree that these limitations are reasonable.
  2. All relevant and discoverable information or data (in any form) requested for such applicable dates shall be provided in the format in which it is stored or archived, and shall not be required to be provided in any other format, and no reports of any kind not used regularly in the course of business shall be requested or created/produced.
  3. The company may request that parties and/or users cooperate in good faith regarding formulation of appropriate search terms and protocols in advance of any information or data search, including pre-search formulating of search terms, including semantic synonyms, search protocols, and post-search error sampling. Any production shall then be provided referencing such agreed protocols in lieu of individual discovery request responses.

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