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Terms of service

Merchology, LLC

 

TERMS OF SERVICE

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PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MERCHOLOGY, LLC, A MINNESOTA LIMITED LIABILITY COMPANY (“Merchology”, “we”, “us,” and “our”).

 

These Terms of Service (“Terms of Service”) are entered into by and between you and Merchology and govern your use of the merchology.com website, merchologysolutions.com website, and all other websites where these Terms of Service appear or are otherwise referenced, including any content, functionality, products and services offered therein (collectively, the “Site”).

 

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with us.  If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

 

1. Acceptance of these Terms of Service

By using the Site and/or purchasing something from us, you accept these Terms of Service agree to be bound by them.  By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Service.  Use of the Site is strictly voluntary.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND MAY NOT USE THE SITE.

 

To access and use certain services available through the Site, you may be required to have a user account with us, and you must agree to be bound by additional terms contained there.  Unless otherwise provided, the additional terms will control if there is a conflict between these Terms of Service and the additional terms. 

 

2. Collection of Visitor Information on this Site

Any information collected at the Site and the purposes for which we may use this information are set forth in our Privacy Policy.  The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using the Site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.

 

3. Changes to these Terms of Service.

We may revise these Terms of Service without providing notice by posting a new version on the Site. Your access or use of the Site following the date on which changes to these Terms of Service or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes.  You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Service or the Privacy Policy. It is your responsibility to check this page periodically for changes.

 

4. Errors, Inaccuracies and Omissions

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, promotions, offers, product shipping charges, transit times, availability and other information.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any the Site is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site, should be taken to indicate that all information in the Site has been modified or updated.

 

We strive to display as accurately as possible the colors and images of our products that appear on the Site. However, please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.

 

5.  Modifications to and Maintenance of the Site and Prices

All descriptions of products, services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to modify, suspend, terminate or discontinue the operation of the Site or the provision of any service (or any part or content thereof) without notice to you.  We reserve the right to refuse service to anyone at any time, with or without cause.  We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.

 

6.  Products or Services

The prices displayed on the Site are in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling charges, or taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

 

We will deliver the items you order at the address specified in the order confirmation, provided that all applicable payments have been received in full by their appropriate due date, in accordance with the customer´s chosen delivery option and our shipping policies listed on our website. Any lead time given is estimated.

 

All items purchased from the Site are made pursuant to a shipment contract, and not a destination contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

The receipt of an order confirmation does not guarantee the acceptance of an order, nor does it constitute confirmation of our offer to sell. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time.  A contract between you and us will not be formed until we send you confirmation by email that the items that you ordered have been dispatched to you.  Only those items listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

 

Any offer for any product or service made on the Site is void where prohibited.

 

By placing an order that includes embroidery, you agree to be held liable for the setup charges of said embroidery in the event the order is cancelled. You will be provided with the DST embroidery file for the work that has been completed.

 

7. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or otherwise on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

8. Payment
We may use a third party to manage or process payments made by you on the Site.  You authorize us and any payment processing service provider we may engage to charge your payment card, or to debit or process payment through any other offered means, for any products or services you purchase through the Site. You are responsible for all uses of your payment card, or any other payment means used in or under your name or account. Unless otherwise specified, all amounts paid to us are nonrefundable. 

9. Return Policy

We do not accept exchanges. The only returns we accept are for defective apparel or defective decoration (embroidery, printing, etc.).  Items must be returned in new, unused condition and in the original packaging.  If you’re unhappy with your order because the product is defective or the imprint quality isn’t what you expected, contact our Customer Service team at orders@merchology.com  and we will find a suitable resolution. We must be notified of all issues within 30 days from the date of purchase.

 

10. Copyright, Trademark and Other Intellectual Property Rights

All content, software, and technology included on the Site or used in the operation of the Site is the owned or licensed property of us or our content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is our exclusive property and protected by U.S. and international copyright laws.  We grant you permission to view and use content, software, and technology generally made available to visitors to the Site in connection with your own personal, noncommercial use of the Site in accordance with the guidelines, instructions, and limitations described on the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Site is strictly prohibited without our written permission.

 

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on the Site are registered and unregistered Trademarks of ours and other parties.  Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner or us. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

 

All other intellectual property rights related to the content, software, and technology included on the Site or used in its operation are our owned or licensed property.  Any use of these rights without our prior written permission is strictly prohibited.

 

We or our licensors own and reserve all right, title, and interest in and to the Site. These Terms of Service do not grant you any rights in or to the Site or any of its components except for the limited rights to use the Site expressly granted by these Terms of Service.

 

11. Termination.

Your license to use the Site and our obligations under these Terms of Service will automatically terminate if you fail to comply with any provision of these Terms of Service or if the reason you were granted access to the Site terminates.  No notice will be required from us to effectuate such termination.  Upon termination of these Terms of Service, all of your rights to use the Site shall terminate immediately and we may delete or remove your account and related data.

 

12. Restrictions.

You may not: (i) reproduce, modify, prepare derivative works based upon, translate, tamper with, distribute, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (ii) reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software included in the Site; (iii) use the Site in a manner that interferes with other users' use of the Site; (iv) link to, mirror or frame any portion of the Site; or (v) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.

 

13. Additional Prohibited Activities and Visitor Obligations

Without limiting any other provision in these Terms of Service, you agree not to do, or assist others to do, the following:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • Post any publicly available content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • interfere with or otherwise limit the use of the Site by other users;
  • collect, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, the Site or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites;
  • modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site;
  • use the Site in a manner that could cause us to violate any law, rule or regulation;
  • use any robot, spider, scripts, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior, express, and written permission; or
  • or the Site for your own commercial purposes without our prior, express, and written permission.

 

14. User Content; Monitoring Activity

You agree that you are solely responsible for the Post of any content, files or information that you make available on or send through the Site (“User Content”).  By the Post of User Content to the Site or transmitting User Content through the Site, you hereby grant to us an irrevocable right to copy, display, and use your User Content in connection with our operation of the Site and/or the provision of services to you.  By the Post of User Content to the Site or transmitting User Content through the Site, you represent and warrant that: (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content and to grant us the rights you grant in these Terms of Service, and the User Content does not violate or infringe the rights of any other person or entity; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and use and the Post thereof in connection with the Site, does not and will not violate these Terms of Service or any applicable local, state, national or international statute, regulation, or law.

 

Although we have no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense, and expressly acknowledge that we may delete or purge any User Content at any time and without any notice or obligation to anyone.

 

15. Reviews

The Site may provide you with the opportunity to tell us and other users what you think about our, products and services (“Reviews”). If you create and Post a Review, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Reviews are strictly the opinion of the user posting such reviews, and we do not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Reviews shall not in any respect whatsoever modify any of our warranty disclaimers, limitations or obligations. You agree that you are solely responsible for your use of Reviews, and that you use the Reviews at your own risk.

 

16. Web Chat

We may provide functionality on the Site that allows you to chat with us or our live or automated representatives via the Site (“Web Chat”). Your Web Chat on the Site shall not in any respect whatsoever modify any of our warranty disclaimers, limitations or obligations.  You bear full responsibility for all contents, phrases and entries submitted by you in connection with your use of Web Chat.

 

17. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

18. Links to Other Web Sites

The Site may contain links to other websites.  Additionally, other websites may contain links to the Site.  We do not review or monitor the websites linked to the Site and we are not responsible for the content or policies of any other websites.  Any link established by us does not constitute an endorsement of the other websites or create a relationship between us and the operators of other websites.  We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other website.  Where the Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions. 

 

19. Disclaimer of Warranties

THE SITE, INCLUDING WITHOUT LIMITATION ALL ITS CONTENT, MATERIALS, PRODUCTS, SERVICES, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS, WITH ALL DEFECTS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE SITE ARE APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.

NOTHING IN THESE TERMS OF SERVICE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.    

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK.

 

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases, but they shall apply to the extent permitted by applicable law.

 

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR ANY OF OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICE PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations or exclusions may not apply in all cases, but they shall apply to the extent permitted by applicable law.

 

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THE SITE EXCEED FIVE UNITED STATES DOLLARS (USD $5.00).

 

21. Release and Indemnification

You agree to release us and our parent, subsidiaries, affiliates, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the Site.  If at any time you are not satisfied with the Site or object to any material within the Site, your sole remedy is to cease using the Site.

 

You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and agents harmless from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) that we or they incur or suffer which relate to or arise out of any claim concerning your use of the Site, your failure to perform any of your obligations under these Terms of Service, or your breach of any of your agreements, representations or warranties made under these Terms of Service.

 

22.  Feedback

Any and all questions, comments, suggestions, and similar materials or information (other than User Content) that you send or submit to us on the Site, by a Post or otherwise (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights.  We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions.  We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

 

23. Aggregated Data

You hereby grant us and our providers a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from your use of the Site (the "Aggregated Data") for our business purposes and the business purposes of our providers. Aggregated Data does not include (directly or by inference) any information identifying you or your household or any other identifiable individual or household. You further grant us and our providers the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group.

 

24. General Provisions

English has been used in the preparation of these Terms of Service, and English shall be the controlling language with respect to these Terms of Service and their interpretation.  Any and all communications relating to the Site must be in the English language.

 

Any failure by us to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or the right to enforce same.

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

These Terms of Service shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Service, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Service; (ii) agree not to commence any litigation arising out of or relating to these Terms of Service except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; (iv) agree that any and all disputes, claims, and causes of action arising out of or relating to these Terms of Service shall be resolved individually, without resort to any form of class ‎action or other consolidation or joining of claims of other parties who may have similar claims; and (v) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Service.

 

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Service, including without limitation this section and the warranty disclaimers and liability exclusions above.  Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.

 

You are responsible for compliance with applicable laws, rules and regulations.

 

25.  Contact Information

For questions or comments about the Site or these Terms of Service, please use the Contact Us feature on the Ste or email us at sales@merchology.com.

 

Last updated: May 8, 2025

 

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