Words By Design, LLC Website Terms of Use

AGREEMENT BETWEEN USER AND WWW.WORDS-BYDESIGN.COM
Welcome to Words-ByDesign.com. The Words-ByDesign.com website (the "Site") is comprised of various web pages operated by Words By Design, LLC ("Words By Design"). Words-ByDesign.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Words-ByDesign.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Words-ByDesign.com is an E-commerce Site
Words By Design, LLC provides the means to create photographic art decor.

 

PRIVACY
Your use of Words-ByDesign.com is subject to Words By Design's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

ELECTRONIC COMMUNICATIONS
Visiting Words-ByDesign.com or sending emails to Words By Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Words By Design is not responsible for third party access to your account that results from theft or misappropriation of your account. Words By Design and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Words By Design does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Words-ByDesign.com only with permission of a parent or guardian.

 

TYPOGRAPHICAL ERRORS
In the event that a Words By Design product is mistakenly listed at an incorrect price, Words By Design reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Words By Design reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Words By Design shall issue a credit to your credit card account in the amount of the incorrect price.

 

DIGITAL AND GRAPHICAL PRODUCT REPRESENTATION
The software applications that have been created to render previews of Words By Design’s products are intended to provide previews to the end user of what products look like. They are not necessarily one-hundred percent accurate regarding color, shape, image formatting or size. However, Words By Design and their professionals will ensure products are assembled, formatted, printed and shipped correctly to the best of their ability.

 

CANCELLATION/REFUND POLICY
Once an order has been placed and you receive an order number, the production process begins. Because of the volume of orders produced and the custom nature of each product, Words By Design is unable to edit or make changes to an order once it has been placed. If you are unsure, or have questions about a product please contact Words By Design prior to placing the order.

Items such as Wordboards™ that are NOT personalized can be returned within 7 days of delivery receipt. Items must be returned in a new and unused condition in original packaging. Buyer must pay returned shipping costs. Please ensure that all details are correct prior to placing your order. Unfortunately, returns for personalized items such as but not limited to Wordboards™ that spell out a name or particular date may not be returned unless the goods were received in a damaged condition.

If a claim is made that goods arrived in a damaged condition, photographic evidence will be requested to validate those claims within ten (10) days of receipt delivery and should be emailed to Support@Words-ByDesign.com. The evidence will be used by Words By Design to present to the shipping carrier for claim purposes.

SHIPPING GUIDELINES

[Please also refer to our SHIPPING & RETURNS POLICY via the SHIPPING & RETURNS link located in the footer of our Homepage]

Usually, average production time is 3-5 business days where “business days” are defined as weekdays {Monday – Friday}, excluding National Holidays that fall on a weekday such as Thanksgiving falling on a Thursday. We will do our best to define and publish cut-off dates allowing you to plan holiday orders accordingly. If you have any questions, please contact us at Support@Words-ByDesign.Com or by calling 1.800.886.2933.  

Currently, orders are only shipped within the United States. It may take longer for products to be shipped to Alaska and Hawaii. Shipping will take approximately 3-7 business days in addition to processing and production time. After the processing and production phase, your order will be shipped using the shipping method specified during checkout. Generally, turnaround time before you receive your order is 1-2 weeks or less.

Words By Design will not ship to P.O. Boxes due to the varying nature of our product’s dimensions and sizes.

If an order is returned to Words By Design, LLC due to an incorrect address being entered by the customer, the customer will be responsible for any return shipping fees to Words By Design as well as any additional shipping fees required to successfully deliver the order to the customer.

The customer will receive an email confirming your order has been shipped. Upon receipt of this email, you will be able to log in to your account on our website where MY ORDERS will then be updated and show a corresponding tracking number associate with the order.  

At this time, no, Words By Design does not ship internationally. Currently, Words By Design only ships within the continental US and to Alaska and Hawaii. However, Words By Design does plan to in the near future. If you would like to see Words By Design ship to your region or country, please send an email at Support@Words-ByDesign.com :)

 

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Words-ByDesign.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Words By Design and Words By Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Words By Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Words By Design of the site or any association with its operators.

Certain services made available via Words-ByDesign.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Words-ByDesign.com domain, you hereby acknowledge and consent that Words By Design may share such information and data with any third party with whom Words By Design has a contractual relationship to provide the requested product, service or functionality on behalf of Words-ByDesign.com users and customers.

 

TRADEMARKS
All trademarks, service marks and trade names of Words By Design used in the site are trademarks or registered trademarks of Words By Design, LLC.

 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use Words-ByDesign.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Words By Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Words By Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Words By Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Words By Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Words By Design or our licensors except as expressly authorized by these Terms.

 

USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Words By Design has no obligation to monitor the Communication Services. However, Words By Design reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Words By Design reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Words By Design reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Words By Design's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Words By Design does not control or endorse the content, messages or information found in any Communication Service and, therefore, Words By Design specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Words By Design spokespersons, and their views do not necessarily reflect those of Words By Design.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

MATERIALS PROVIDED TO WORDS-BYDESIGN.COM OR POSTED ON ANY WORDS BY DESIGN WEB PAGE
Words By Design does not claim ownership of the materials you provide to Words-ByDesign.com (including feedback and suggestions) or post, upload, input or submit to any Words By Design Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Words By Design, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Words By Design is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Words By Design's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

A submission does not include the creation or submission of an order using any of the images available on Words-ByDesign.com. All designs created using Words By Design’s imagery on Words-ByDesign.com remain the property of Words By Design, LLC.

 

THIRD PARTY ACCOUNTS
You will be able to connect your Words By Design account to third party accounts. By connecting your Words By Design account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

INTERNATIONAL USERS
The Service is controlled, operated and administered by Words By Design from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Words By Design Content accessed through Words-ByDesign.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Words By Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Words By Design reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Words By Design in asserting any available defenses.

 

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WORDS BY DESIGN, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WORDS BY DESIGN, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WORDS BY DESIGN, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORDS BY DESIGN, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WORDS BY DESIGN, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

TERMINATION/ACCESS RESTRICTION
Words By Design reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Words By Design as a result of this agreement or use of the Site. Words By Design's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Words By Design's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Words By Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Words By Design with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Words By Design with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

SPECIAL OFFERS
Words-ByDesign.com may offer specials in an effort to allow as many people as possible to afford and enjoy our products. As prices are kept as low as possible, Words-ByDesign.com is unable to combine any coupons, special offers, or gift certificates. Only one discount, coupon, or gift certificate may be applied per order. In addition, coupons codes and gift certificates (i) have no cash value, (ii) are not redeemable for cash, (iii) cannot be returned for a refund, (iv) may not be applied to previously placed orders, (v) cannot be combined with other promotions or offers, and (vi) are for personal (non-commercial) use only. The unauthorized reproduction, resale, modification, or trade of Coupon/Discount Codes or Gift Certificates is prohibited and may result in their cancellation, and potential suspension or termination of your account.

 

CHANGES TO TERMS
Words By Design reserves the right, in its sole discretion, to change the Terms under which Words-ByDesign.com is offered. The most current version of the Terms will supersede all previous versions. Words By Design encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US
Words By Design welcomes your questions or comments regarding the Terms:

 

Words By Design, LLC
2780 Cottonwood Court
Clearwater, Florida 33761

Email Address:
support@Words-ByDesign.com

Telephone number:
1.800.886.2933

Effective as of February 1, 2017