PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SERVICE. This service is provided to customers as a convenience. By using this service, you are agreeing to comply with and be bound by the following terms of use. Please review all of the terms carefully and check periodically for changes and updates. If you do not agree with these terms of use, you cannot use this service.
ACCEPTANCE OF AGREEMENT. You agree to the terms of use outlined in this Terms of Use Agreement ("Agreement") with respect to this service (the "Service"). This Agreement constitutes the entire and only agreement between you (the "Customer") and SixthLeafClover (the "Service Provider"), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Service, the content, and products and services provided through the Service, and the subject matter of this Agreement. This Agreement may be amended by the Service Provider at any time and from time to time without specific notice to the Customer. The latest Agreement will be posted on this website (the "Site"), and you should review this Agreement prior to using the Service.
COPYRIGHT AND TRADEMARK. The Customer must have the appropriate capacity make a decision on the use of copyrighted and/or trademarked materials before using the Service. By placing an order for the Service, the Customer certifies that he/she has the authority or obtained authorization from the appropriate authority to make replicas of any and all copyrighted and/or trademarked materials to be used with the Service.
INDEMNIFICATION. The Customer agrees to indemnify, defend, and hold the Service Provider and its partners, attorneys, staff, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to the violation of this Agreement or the use of this Service.
DISCLAIMER. THE INFORMATION FORM OR THROUGH THE SITE ARE PROVIDED "AS-IN," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FOR ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITS. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. THE SERVICE PROVIDER WILL NOT BE LIABLE TO THE CUSTOMER OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THIS SERVICE. The Service Provider's maximum liability to the Customer under all circumstances will be equal to the purchase price you pay for any goods, services or information.
USE OF INFORMATION. The Service Provider reserves the right, and the Customer authorizes the Service Provider, to use the use and assignment of all information regarding the Service uses by the Customer and all information provided by the Customers in any manner consistent with Service Provider's Privacy Policy.
PAYMENTS. The Customer represents and warrants that if the Customer is purchasing something from the Service Provider or from Service Provider's third-party vendors or providers that (i) any credit card or payment information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card or payment service company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes and import duties. The Customer understands and agrees to pay invoice in full before production of ordered goods will start.
PRODUCTION LEAD TIME. The Customer agrees that the standard production lead time is 15 days starting from the day after payment for the Service ordered is confirmed as received by the Service Provider. This 15-day production time does not include shipping time. If the Customer wants the Service to deliver sooner than the standard time required, the Customer MUST make this request before agreeing to the total quoted amount of the Service. The Customer agrees to make no further request in regarding to production or delivery time once paid for the Service. If the Customer needs the Service to deliver the goods sooner, the Customer agrees to pay a Rush Order Service fee equals to 25% of the goods and services total amount or $50 USD, depending on whichever is greater. This amount excludes shipping cost and applicable taxes and import-related fees. The Customer must acknowledge that the Rush Order Service fee is subject to sales taxes. The Customer also agrees that the order will be shipped by next day or overnight shipping service and pay quoted shipping cost provided by the Service Provider. The Customer also agrees that this Rush Order Service has a production lead time of 1 to 5 days depending on the quantity ordered and availability of the Service Provider.
CUSTOMS DECLARATION AND TARIFFS. The Service Provider will declare all purchased orders truthfully for international customs declarations. The Customer is responsible for any import duties as results of international treaties or local tariff laws. The Service Provider will only supply information and assistance available to the Service Provider in assisting the Customer with customs clearance and tariffs. The Service Provider is not responsible for customs clearance and import duties at destination's port of entry. The Customer agrees to assume all responsibilities for customs clearance and tariffs and supply the Service Provider with necessary and truthful information regarding customs clearance and tariffs at the time of placing an order.
VENUE; APPLICABLE LAW. THE CUSTOMER AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR CUSTOMER'S USE OF THE SITE OR ANY SAMPLES OR PRODUCTS AND SERVICES OBTAINED BY CUSTOMER THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF SAN DIEGO COUNTY, STATE OF CALIFORNIA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA. THE CUSTOMER IS EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT CITY OF POWAY, CALIFORNIA OR THE DISTRICT OF CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This Service is created and controlled by SixLeafClover in the State of California, United States of America. As such, the laws of California will govern the terms of use contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
VERIFYING CUSTOMER'S ADDRESS AND INFORMATION. The Service Provider reserves the right to contact the Customer via email to verify the accuracy of account information (including the Customer's correct name, address, birthday, and contact telephone number) that is needed to provider the Customer with the information the Customer requested from the Service Provider.
