User Agreement
Welcome to the User Agreement (the “User Agreement”) of Printfly Corp. DBA RushOrderTees (hereinafter “RushOrderTees” / “we” / “our” as applicable), www.rushordertees.com, its custom apparel website, and its storefront website (collectively, the “Sites”). This document governs your (“User” / “you” / “your” as applicable) use of the Sites and submission of materials and content to the Sites.
You understand and agree that by using the Sites and/or placing an order with RushOrderTees that you are entering into a binding legal agreement on the following terms and conditions and have agreed to be bound by the terms and conditions in this User Agreement and all other policies incorporated herein. Further, you agree to use the Sites solely as described in this User Agreement.
RushOrderTees reserves the right to amend and make changes to the Sites and to this User Agreement at any time without prior notice at its sole discretion.
Intellectual Property Rights
RushOrderTees takes seriously the intellectual property rights of you and others. By accessing or using the Sites you agree to be bound by RushOrderTees’ Intellectual Property Policy, which is incorporated by reference. You further agree to abide by any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Sites.
The products created using images and fonts originated on our Sites are not intended to be resold commercially. If you plan to resell such products, you agree to contact RushOrderTees to describe your intended use to ensure that your resale of such products is legal and authorized. The custom designs created using RushOrderTees’ tools and images are the property of RushOrderTees and not the User. RushOrderTees retains the right to display (on its Sites or on social media) and/or modify any designs created through our Sites and/or offer variations of designs on its Sites and/or to its customers.
You agree to not use RushOrderTees or its Sites to create any material that is unlawful, harmful, hateful, abusive, tortious, harassing, threatening, libelous, defamatory, obscene, vulgar, invasive of another's privacy, or racially, ethnically or otherwise objectionable, or that infringes on any trademark, patent, copyright, trade secret or other proprietary right of any third party. Further, RushOrderTees, at its sole discretion, retains the right to reject any order that it considers unlawful, harmful, hateful, abusive, libelous, defamatory, obscene, profane (according to FCC standards), and/or any order that portrays irresponsible use of alcohol or other substances, advocating persecution based any protected category (including but not limited to age, race, gender, religion, disability or national origin), containing sexual explicit content or is otherwise inappropriate for RushOrderTees’ production. If RushOrderTees rejects any such order, and it is resubmitted, RushOrderTees reserves the right to ban the User and/or IP address(es) submitting such order(s).
Intellectual Property Claims
If you believe that any materials accessible on or from the Sites infringe on your copyright or trademark, or that material you posted on the sites was removed by mistake, please review RushOrderTees’ Intellectual Property Policy and fill out a Copyright & Trademark Infringement Form or contact RushOrderTees’ intellectual property agent that has been designated to receive such notices in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA";):
Allison Z. Gifford, Esq.
Stradley Ronon Stevens & Young, LLP
30 Valley Stream Parkway, Malvern, PA 19355
610-640-5800
trademarks@stradley.com
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Privacy Policy
RushOrderTees and/or its Sites may collect personal identification information from users in a variety of ways. Your privacy is very important to us. The full text of RushOrderTees’ Privacy Policy and RushOrderTees’ CCPA Privacy Policy are incorporated by reference.
Limitation of Liability / Indemnity
The information and materials contained in RushOrderTees’ Sites, including content, graphics, text, links or any other items, are provided "as is" and no warranty is made regarding the same. RushOrderTees does not represent or guarantee that its Sites will be free from errors or viruses and does not represent or guarantee that access to the Sites will be uninterrupted. Further, RushOrderTees does not warrant or make any representation about the adequacy, completeness and/or accuracy of the information, content, and/or materials on the Sites and expressly disclaims liability for errors or omissions in this information, content and/or materials. RushOrderTees does not make any warranties or representations regarding any content uploaded to its Sites, including but not limited to that it will be protected against loss, theft, misuse or alteration by third parties. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information, content and/or materials.
By using our Sites each User agrees that RushOrderTees shall not be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with these Sites or any use thereof or inability to use by any party, or in connection with any failure of performance, omission, error, interruption, delay / non-receipt in operation or transmission, defect, computer virus or line or system failure, even if RushOrderTees’, or representatives thereof, are advised of the possibility of such issues, damages, losses or expenses.
By using our Sites, you expressly agree to release, defend, indemnify, and hold harmless RushOrderTees, its Sites, and its affiliates, officers, directors, employees, agents and representatives, from any and against any and all demands, claims, damages, costs, and expenses, including reasonable attorneys’ fees arising from or relating to your use of the Sites, your violation of this User Agreement, and/or your violation of any rights of another.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration Notice
You and Printfly Corporation DBA RushOrderTees agree that if there is any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms, and/or the Privacy Policy, it will be resolved by confidential binding arbitration in Pennsylvania, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to RushOrderTees at: 2727 Commerce Way Philadelphia, PA 19154.
This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought. If you and RushOrderTees are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings to be conducted by a single impartial arbitrator chosen from the American Arbitration Association (“AAA”)’s National Roster of Commercial Arbitrators by mutual agreement of the Parties (or by the AAA if the Parties cannot agree). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the AAA will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of Pennsylvania or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Pennsylvania, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this section, any such termination shall not be effective until thirty (30) days after the version of the Terms containing this section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
(1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this arbitration provision.
(2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this arbitration provision, either (a) via email at legal@rushordertees.com, or (b) by mail to 2727 Commerce Way Philadelphia, PA 19154. Include your name, address, and date in the correspondence. This is the only way you can opt-out.
B. Claims and Disputes Must be Filed Within One (1) Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, Services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
Payment / Shipment / Returns / Cancellation Policy
RushOrderTees’ payment, shipment, returns, and cancellation policies can be accessed at the links below:
- Payment
- Shipment
- Returns
- Cancellation
Governing Law
This User Agreement and any and all claims relating hereto shall be governed solely and exclusively by the laws of the Commonwealth of Pennsylvania without regard to conflict of law / choice of law principles.
Dispute Resolution
Any disputes between arising from or relating to your use of the Sites, this User Agreement, and/or a User’s relationship or dealings with RushOrderTees shall be resolved solely and exclusively in a court of competent jurisdiction sitting in Philadelphia County, Pennsylvania (i.e. a state court in Philadelphia County, Pennsylvania or a federal court in the United States District Court for the Eastern District of Pennsylvania). Both RushOrderTees and the User submit to the venue and jurisdiction of such courts and waives the defense of an inconvenient forum.
THE PARTIES AGREE THAT AS TO ALL DISPUTES, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN HER, HIS OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Miscellaneous
Should any provision of this User Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this User Agreement in full force and effect. Notwithstanding the foregoing, if any such provision determined to be invalid, illegal or unenforceable may be made valid, legal or enforceable by modification thereof, then the party for whose benefit the provision exists may make such modification as may be necessary to make such provision valid, legal or enforceable.
The headings and captions of this User Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this User Agreement. If RushOrderTees waives and/or fails to take action with respect to any rights available to it under this User Agreement on one occasion, this does not mean that those rights have been waived and/or will automatically be waived on any other occasion.
Contacting us
If you have any questions about this User Agreement, the practices of RushOrderTees, or your dealings with these Sites, please contact us using the contact information provided below.
RushOrderTees.com
2727 Commerce Way
Philadelphia, PA 19154
Phone: 800-620-1233
Email: legal@rushordertees.com
Last updated on 4/15/23