Terms of Use
Last Updated: March 1, 2023
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The Acorn Graphics websites at https://www.acorngfx.com and https://www.acorn.graphics (collectively, the "Site") comprise various web pages operated by Acorn Graphics LLC. Our Site is offered to you conditioned on your acceptance without modifying the terms, conditions, and notices (the "Terms"). Your use of our Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
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We sell digital and physical products and services ranging from graphic design services to custom vinyl decals through our e-commerce Site. Our products and services are also available through our third-party partners at Etsy, eBay, Amazon, Facebook, and Instagram online marketplaces. You are solely responsible for reviewing the terms of use and privacy notices from our partners.
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Privacy
Your use of our Site is subject to our privacy notice. Please review our privacy notice, which also governs the Site and informs users of our data collection practices.
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Electronic Communications
Visiting our Site or sending us emails constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on our Site, satisfy any legal requirement that such communications be in writing.
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Your Account
If you use our 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 (if applicable). You may not assign or otherwise transfer your account to another person or entity. You acknowledge that we are not responsible for third-party access to your account resulting from theft or misappropriation of your account. Our associates and we reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
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Children Under Eighteen
We do not knowingly collect, either online or offline, personal information from persons under the age of eighteen (18). If you are under the age of eighteen (18), you may use our Site only with the permission of a parent or legal guardian.
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Links to Third-Party Sites and Services
Our Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control, and we are not responsible for the content of any Linked Sites, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. We provide these links only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators unless expressly stated.
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Certain services made available via our Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from our Site, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of our Site users and customers.
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No Unlawful or Prohibited Use — Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our Site strictly by these Terms of Use. As a condition of your use of the Site, you warrant that you will not use the Site for any unlawful or prohibited purpose by these Terms of Use. You may not use our Site in any manner that could damage, disable, overburden, 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 our Site.
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All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Acorn Graphics LLC 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 in any such content and will not make any changes to it.
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You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. The content on our Site is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. 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 Acorn Graphics LLC 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 Acorn Graphics LLC or our licensors except as expressly authorized by these Terms of Use.
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International Users
Our Site is controlled, operated, and administered by Acorn Graphics LLC from our offices within the United States. If you access our Site from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use our content accessed through our Site in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
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Indemnification
You agree to indemnify, defend and hold harmless Acorn Graphics LLC, its officers, directors, members, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use our Site or services, any user postings made by you, your violation of these Terms of Use herein or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. At our own cost, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with us in asserting any available defenses.
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Arbitration
If the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions thereof, whether in contract, tort, or otherwise at law or in equity for damages of any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any jurisdiction court. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The Arbitrator determines the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms of Use.
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Class Action Waiver
Any arbitration under these Terms of Use will take place individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUNITIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST EACH OTHER. Further, unless you and Acorn Graphics agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any representative or class proceeding.
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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. ACORN GRAPHICS LLC AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE SITE.
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ACORN GRAPHICS LLC AND 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. ACORN GRAPHICS LLC AND ITS SUPPLIERS AT THIS MOMENT DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT 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.
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACORN GRAPHICS LLC AND 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 RELATING 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 ACORN GRAPHICS 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.
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Termination/Access Restrictions
In our sole discretion, we reserve the right 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 Utah, and you at this moment consent to the exclusive jurisdiction and venue of courts in the State of Utah 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 affect all provisions of these Terms of Use, including, without limitation, this section.
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You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acorn Graphics due to this Agreement or use of the Site. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our 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 us concerning such use. Suppose any part of this Agreement is determined to be invalid or unenforceable under applicable law including, but not limited to. Suppose the warranty disclaimers and liability limitations are set forth above. In that case, 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.
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Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Acorn Graphics concerning the Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Acorn Graphics concerning the Site. A printed version of this Agreement and 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
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Changes to Terms
In our sole discretion, we reserve the right to change the Terms of Use under our Site is offered. The most current version of the Terms of Use will supersede all previous understandings. We encourage you to periodically review the Terms of Use to stay informed of our updates.
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Contact Us
Acorn Graphics LLC
371 West Industrial Drive
Pleasant Grove, Utah 84062
(801) 980-0448