Terms and Conditions TERMS OF AGREEMENT By entering into any contract or agreement with Affordable Logo Designer, for products and/or services to be provided by Affordable Logo Designer, including without limitation ordering any products or services through the Affordable Logo Designer web site (hereinafter referred to as your “Contract” with Affordable Logo Designer), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”). For purposes of these Terms and Conditions, references to the products and/or services provided by Affordable Logo Designer shall include, without limitation, logos, designs, names, graphics or similar materials or information, whether or not protectable, corporate gift items, printing services, web design, screen savers, stationery, brochures, marketing materials and other design services, and any and all future product or service offerings of Affordable Logo Designer. If you do not agree with any provision of these Terms and Conditions, you should not order any products or services from Affordable Logo Designer, or Affordable Logo Designer or enter into your Contract with Affordable Logo Designer, or Affordable Logo Designer. These Terms and Conditions are hereby incorporated by reference into your contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract. Affordable Logo Designer reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Affordable Logo Designer shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions. PAYMENT Payment in full for any and all products and services to be provided by Affordable Logo Designer under your Contract is due in advance of the commencement of any delivery of logos and revisions by Affordable Logo Designer. Affordable Logo Designer shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Affordable Logo Designer will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under. In any event, all payments received for logos from Affordable Logo Designer.com are final. Affordable Logo Designer.com will not refund the payment once the final logo files are sent/emailed to you. Unless Affordable Logo Designer cancels or terminates your Contract for a reason other than your breach or non-performance, Affordable Logo Designer shall not refund any portion of your purchase price. Affordable Logo Designer will only refund your money if you cancel the order prior to delivery, or our management team has deemed that Affordable Logo Designer has not delivered services/product in an efficient and effective manner as promised. DELIVERY AND ACCEPTANCE Upon completion of its products and/or services in accordance with the terms and conditions set forth in your Contract, Affordable Logo Designer shall deliver your product and/or service to your email which you will specify in the Affordable Logo Designer checkout form. Your logo will be delivered to your email with the Company which you specified in the order form. If there is a mistake or typo in your logo, you are obligated to notify Affordable Logo Designer at info@affordablelogodesigner.com with the requested changes and Affordable Logo Designer will respond with the corrected logos within 7 business days. Affordable Logo Designer will not make changes to your logo after it has been delivered. Any additional logo design changes will have additional costs to be determined by the Affordable Logo Designer staff. PROPRIETARY RIGHTS You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Affordable Logo Designer in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information. Affordable Logo Designer MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Affordable Logo Designer WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION. Affordable Logo Designer MAKES NO GUARANTEE THAT THESE DESIGNS WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Affordable Logo Designer retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Affordable Logo Designer for display and self-promotional purposes, regardless of your acceptance and Affordable Logo Designer’s delivery of the same to you. TERMINATION Affordable Logo Designer reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Affordable Logo Designer, your Contract and/or your access to the Affordable Logo Designer Site web site, at any time and without prior notice. You agree that Affordable Logo Designer shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Affordable Logo Designer web site. In the event that Affordable Logo Designer rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Affordable Logo Designer will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order. DISCLAIMER OF WARRANTIES YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Affordable Logo Designer ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Affordable Logo Designer HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Affordable Logo Designer MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Affordable Logo Designer DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Affordable Logo Designer WILL MEET YOUR EXPECTATIONS. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Affordable Logo Designer OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Affordable Logo Designer TO YOU, EVEN IF Affordable Logo Designer HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Affordable Logo Designer’s LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Affordable Logo Designer’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Affordable Logo Designer UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES. INDEMNIFICATION You agree to indemnify and hold Affordable Logo Designer, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Affordable Logo Designer in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Affordable Logo Designer pursuant to your Contract. COPYRIGHT AND TRADEMARK NOTICES All intellectual property of Affordable Logo Designer, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Affordable Logo Designer in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Affordable Logo Designer is strictly prohibited. Copyright © 2010 by Affordable Logo Designer. All rights not expressly granted herein are reserved. GOVERNING LAW These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Pennsylvania. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions. GENERAL These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Affordable Logo Designer regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Affordable Logo Designer regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Affordable Logo Designer unless otherwise agreed to by Affordable Logo Designer in writing. The failure of Affordable Logo Designer to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.