You also agree that we may provide all legal communications and notices to you electronically by posting them on the Site or, at our election, by sending an e-mail to the e-mail address you provide to us when you utilize the Site.
The design tools provided on the Site may employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.
3. Use of Site. You are granted permission to access and use the Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through us (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from us does not entitle you to use any portion of Content apart from the finished Products as they are supplied by us.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize us to produce the Products on your behalf.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
4. Transfer of Title. You agree that the shipping terms for all Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to you in an electronic format, you agree that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to you or (b) at the time we transmit a notification to you that the Product is available for downloading from the Site.
6. Disclaimer of Warranty. SUBJECT TO THE GUARANTY OF SATISFACTION, THE SITE, ITS CONTENT, AND THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
7. Limitation of Liability. IN NO EVENT SHALL HUZZA OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HUZZA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM US OR OUR AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL HUZZA BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR ITS CONTENT.
8. Site Feedback. Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to us in connection with the operation or content of this Site shall be provided by the submitter and received by us on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of HUZZA. By submitting any such information to us, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that HUZZA shall be free to use such information on an unrestricted basis.
9. Governing Law. We are based in Michigan, USA and all transactions take place on HUZZA’s servers. Issues related to the protection, infringement, or misuse of copyrighted materials or trademarks shall be governed by the copyright laws or trademark laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of the State of Michigan. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Federal Courts in the Eastern District of Michigan or the Circuit Courts in Emmet County, Michigan. You agree to submit to the jurisdiction of the Federal Courts in the Eastern District of Michigan and the Emmet County Circuit Courts and agree that venue in these courts is proper in any such legal action or proceeding.