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Tuesday, February 20, 2018

Terms and Conditions of Use

Terms and Conditions of Use, Sales and Services

Welcome to or website (the "Site"), owned by MajCo Group Inc., a Florida corporation. "MajCo", "us", or "we", and its affiliates provide their products and services. This Site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the "Agreement"). Please read them carefully. By using or accessing this Site or submitting an order through this Site, you indicate that you have read and understand this Agreement, and agree to be bound by the terms and conditions contained herein. If you do not accept this Agreement, do not access and use the Site. MajCo may revise this Agreement at any time without notice. We encourage you to review the Site and these terms periodically for any updates or changes.

Due to the expedited nature of our product, once your order is placed and payment is verified, your order enters the production cycle. For this reason, orders cannot be changed once they are accepted. Please verify all information before you submit your order.

By placing an order with MajCo, you represent that you have the right to use all logos, text and/or graphics submitted by you to us. We reserve the right, at our sole discretion, to refuse, to accept orders from customers who we have reason to believe have infringed or otherwise violated the intellectual property rights of others. MajCo has the sole discretion to reject any order that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for production. You agree to not use MajCo services to create any material that is unlawful, harmful, abusive, threatening, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party. All prints and designs created by MajCo for the customer will remain the property of MajCo until the order is paid in full. A faxed/email signature approval on the Estimate and Artwork Proof is required from the Customer before starting production.

Payment Methods & Policies:
Except as noted below, all orders require full prepayment. Upon approval by MajCo, established accounts, federal, state and local governments may receive up to a Net 30 payment option. MajCo will not begin to process customer orders until full payment or an approved deposit is received. Delinquencies are subject to a 1-1/2% monthly service charge. We are not responsible for delays in order processing due to declined credit cards, waiting for PayPal, Google checkout or company checks to clear, or delays in PO faxes.

Designs /Artwork and other Content:
MajCo is not responsible for accidental loss or damage to media supplied by the customer or for errors on supplied artwork furnished by the customer. Until MajCo can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at our current rates. MajCo is not responsible for archiving your artwork for longer than it takes to produce the final product. Please save your artwork. For the purpose of continuous improvement in our products, the designs and specifications are subject to change without notice. MajCo reserves the right to photograph, show as samples, or use in MajCo advertising the items produced by MajCo without liability as to trademark, copyright or other proprietary rights.  Imprints logos or trademarks displayed on products in this Site are solely for the purpose of showing imprinting capabilities on these products. They are not intended to reflect or imply endorsement of the products by the companies the imprints represent and are not available for sale to anyone other than the parties expressly authorized by the owner of such design. MajCo does not endorse any goods, services, companies, manufacturers or their agents and representatives.

Shipping & Handling Policies:
Unless otherwise specified herein, delivery shall be F.O.B. origin. The risk of loss, damage and delay for such items passes to you upon MajCo's delivery to the carrier. Dates of delivery are only estimates of the approximate time of delivery, not a guaranty of delivery on any particular date. MajCo shall have no liability whatsoever, nor shall this Purchase Agreement be subject to cancellation in whole or in part by Customer, delay or inability to deliver by the carrier if such delay or non-delivery is due to causes beyond the control of MajCo. Customer is responsible for inspecting shipment for damages before accepting delivery. When there is loss or apparent visible damage to a shipment when tendered for delivery, do not give the carrier a clear receipt. Note such damage on the carriers' delivery receipt and have the driver sign the receipt. MajCo shall not be liable for damages caused during transit. Any claims for defects, damages, or shortages must be made within five days after delivery of all or any part of the order. Failure to do so shall constitute irrevocable acceptance of the order. For Customer paying via credit card, your account will be billed for any unexpected shipping charges and you hereby agree to accept those charges. We package our products with commercial grade shipping supplies and all packages leave our point of origin in excellent condition and insured. Retain, for the carriers' inspection, the original container and all packaging material that the damage or lost goods was packed in when making a claim with any carrier. Any refused shipments will still be billed the full amount of the original order, including shipping charges.

Product Pricing, Errors and Omissions:
We strive to keep all of the information as accurate as possible. All prices, availability and specifications are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, your order will be cancelled and MajCo will contact you for resolution, or will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Because of custom orders, shipping charges, and other factors, the final invoice for a product or service may be different than the original invoice as provided by MajCo to the customer. When this occurs, MajCo will contact the customer by phone or email with the final invoice before processing the order and credit card or other payment.

Sales Taxes and Duties:
We shall automatically charge and withhold the applicable sales tax for orders from the State of Florida. Customers from any other state or country shall be solely responsible for all other taxes and duties applicable in their jurisdiction.

Your Account:
Customers are required to obtain an account from MajCo to order products and services from the Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be used by you. You will ensure that all use of your account complies fully with the provisions of this Web Site Use Agreement. Transfer of the account by you to any other person or entity is prohibited. MajCo and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

MajCo will normally deliver the exact quantity of goods ordered. plus or minus 10% and invoiced accordingly.

Liability / Warranty:
MajCo warrants products manufactured to meets industry standard for such product and is free of any material defect in workmanship. Any product found to be defective will be replaced or repaired at MajCo discretion. This warranty is void if the product warranted has been damaged by accident or unreasonable use, neglect, improper service or other cause not arising out of defects in material or workmanship. MajCo liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. MajCo makes no other warranty and no actions or words of MajCo or its officers, employees or agents shall constitute a warranty.

All sales on products made to order are final and non refundable. Understandably, personalized and custom items may not be returned for a refund. Several manufacturers have imposed return restrictions on us, which require us to adhere to the following return policy: All products are covered by the manufacturer's warranty against defects. Due to certain manufacturer's policies, no returns will be accepted without a Return Authorization (RA) number from MajCo and the manufacturer's approval. An RA number may be requested up to 5 days after delivery. All products must be received within 5 days of RA issue with the RA enclosed. Return shipping and insurance must be pre-paid by the Customer. Returns may be refused if proper RA is not placed conspicuously on outside of packaging. All authorized returns are subject to inspection by MajCo before refund shall be issued. Returned items must be in original packaging and in new condition. Returns are subject to a 25% restocking fee and refunds may take 30-60 days for processing. Returns will not be accepted on items that have been damaged due to improper handling, abuse or neglect on the part of the customer or the carrier.

Privacy Statement:
MajCo recognizes, respects, and protects the privacy of our customers. Your privacy and personal information are held in trust when you shop online with us. Our customers order information stays with us-no one else will see it. We do not sell, rent, trade or share any information regarding or provided by our customers to any third party for any reason. We use customer information for the sole purpose of processing and fulfilling your service request or to enhance your personal shopping experience. This Site uses a secure server (SSL) to encrypt all of your personal information. If you do not wish your information to be processed online you have the option of placing an order over the phone by calling us at 786.347.6061. We do provide you with the option of receiving special promotions and offers from MajCo via e-mail, fax or US mail when you are setting up your account. You may at any time contact us at or 786.347.6061 to cancel this service.

Personal and Non-Commercial License:
This Site is for your personal noncommercial use. The Content on this Site may only be used as a shopping resource. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products, or services obtained from this Site. MajCo grants you a limited license to access and make personal use of this site and not to download, modify it, or any portion of it, except with express written consent of MajCo. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of MajCo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MajCo and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing MajCo or MyPhotoMix names or trademarks without the express written consent of MajCo. Any unauthorized use terminates the permission or license granted by MajCo. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of MajCo so long as the link does not portray MajCo its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MajCo logo or other proprietary graphic or trademark as part of the link without express written permission.

E-mail Communications:
When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Acts of God:
MajCo shall be deemed harmless for any cessation, interruption or delay in the performance of its obligations due to causes beyond its control including, but not limited to: earthquake, flood, fire, hurricane, storm or other natural disaster, act of God, labor controversy or threat thereof, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including Internet access, telecommunications service, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.

Jurisdiction and Venue:
Terms of this Agreement shall be governed and construed, to the extent applicable, in accordance with United States law, and otherwise, in accordance with Florida law, without regard to conflict of law principles. Except for requests for injunctive relief, any dispute or claim arising out of or in connection with purchase orders or services shall be finally settled by binding arbitration in Broward County, Florida under the Commercial Rules of the American Arbitration Association. Reasonable attorney’s fees shall be awarded to prevailing party in any legal judgment including binding arbitration. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MajCo or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MajCo and protected by U.S. and international copyright laws. All software used on this site is the property of MajCo or its software suppliers and protected by United States and international copyright laws. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at MAJCOINC.COM, MYPHOTOMIX.COM and other MajCo graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of MajCo Group Inc. or its affiliates in the U.S. and/or other countries. MajCo Group Inc. trademarks and trade dress may not be used in connection with any product or service that is not MajCo in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MajCo Group Inc. or this website in any way. All other trademarks that are not the property of MajCo Group Inc.or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MajCo Group Inc. or its affiliates.