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
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.
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.
Payment / Shipment / Returns / Cancellation Policy
RushOrderTees’ payment, shipment, returns, and cancellation policies can be accessed at the links below:
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.
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.
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.
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.
2727 Commerce Way
Philadelphia, PA 19154
Last updated on 4/15/23