Last Revised 06-16-2016
Welcome to the Build A Sign LLC web site, which is located at buildasign.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms that govern your use of the Web Site and BuildASign.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the Build A Sign LLC Service. Use of the Build A Sign LLC Web Site constitutes acceptance of these TOS. BuildASign.com is a Trademark of Build A Sign LLC.
Build A Sign LLC reserves the right to add, delete and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the Build A Sign LLC Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the BuildASign.com Service. Your continued use of the Build A Sign LLC Web Site following posting of a new TOS on the Build A Sign LLC Web Site will constitute binding acceptance of the changes.
Build A Sign LLC provides a number of Internet-based services through the Web Site (all such services, collectively, the "BuildASign.com Service"). One such service enables users to create customized merchandise, signs, magnetics, bumper stickers, and banners (collectively, "Products"). Build A Sign LLC users may create and purchase individual Products for their own use.
You do not lose ownership of the Content that you design on, or upload to, the Web Site. By uploading Designs to the Web Site or creating Designs with Build A Sign LLC's design tools, however, you grant the following licenses to Build A Sign LLC: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and Products; and the right to make modifications to your Design as Build A Sign LLC, in its sole discretion, finds necessary to achieve the above listed purposes.
You may remove the Content you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Build A Sign LLC of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Build A Sign LLC may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Build A Sign LLC permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Build A Sign LLC will have no obligation to keep any Submissions confidential. You will not bring a claim against Build A Sign LLC based on "moral rights" or the likes arising from Build A Sign LLC's use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with BuildASign.com Service.
8b.1 LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF BUILD A SIGN LLC EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE BUILD A SIGN LLC WEB SITE OR AS STATED BY AN AUTHORIZED BUILD A SIGN LLC AGENT.
You agree to indemnify and hold Build A Sign LLC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these TOS through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify Build A Sign LLC under this Section, Build A Sign LLC will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Build A Sign LLC's express written permission.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Build A Sign LLC, you must use the following addresses: 11525A Stonehollow Dr. Suite 100, Austin, TX 78758. TOS@BUILDASIGN.COM. If Build A Sign LLC provides notice to you, Build A Sign LLC will use the contact information provided by you to Build A Sign LLC. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the BuildASign.com Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Build A Sign LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the BuildASign.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the BuildASign.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section 12, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of Build A Sign LLC. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Build A Sign LLC are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
The customer is solely responsible for (a) identifying the appropriate precautions, including signage materials, language, and designs necessary to comply with any applicable local, state, or federal laws or regulations, including ANSI and/or OSHA standards and (b) adequately warning invitees, employees, and the public of any hazards. In some cases a sign may not provide an adequate safety precaution. BuildASign.com is not a safety expert and disclaims any and all liability that the template designs offered on BuildASign.com are sufficient to cover any specific hazard. BuildASign.com does not have responsibility to notify customers about changes in the law after sale. Customer shall hold BuildASign.com and its corporate parent and its employees harmless from all claims, loss or expense (including attorneys’ fees) related to the purchase and use by customer for any sign purchased through BuildASign.com.