Last Updated January 15, 2024.
The following subscription terms and conditions (“Subscription Terms”) constitute a legally binding contract that governs the Shop Custom Swag Subscription Services (“Subscription Services”) provided by Team Linville LLC doing business as Shop Custom Swag (“Shop Custom Swag”, “We”, or “Company”) to you or your organization (“You”, “Your”, or “Yours”).
1. Access and Eligibility
The Subscription Services enable you to display to your team members, personnel (or other authorized users) (“Users”) a customized shopping page for custom-branded merchandise. Subscription Services are available to You and your Users who have registered accounts by truthfully filling out all required personal information and subscribe. You agree to take full responsibility for your selection and use of the Subscription Services. These Subscription Terms are void where prohibited by law and the right to access and use the Subscription Services are withdrawn in such areas and locations.
Shop Custom Swag may change, modify, suspend, or discontinue the Subscription Services, fees, charges, and terms at its own discretion at any time, including the availability of any features, content, or items. Shop Custom Swag may also impose limits on certain features to all or parts of the Subscription Services without notice or liability.
2. Subscription Services
Subscription Services are additional services and software offered by Shop Custom Swag to You and Your Users in the form of a subscription. You can find these features, software and content included in the Subscription Services on the Site. We reserve the right to modify, terminate or otherwise amend our offered features, software, subscription plans and promotional offerings at any time.
The Subscription Service requires payment before you can access it (“Paid Subscription”). Shop Custom Swag may offer differing types of Paid Subscriptions and reserves the right to change, terminate or update the features included in any of the Paid Subscription offerings at any time. We may choose to offer promotions, discounts, or other features or subscriptions, including offerings from third-party products or services in conjunction with or through the Subscription Service. We are not responsible for the products and services provided by third parties.
You can choose the subscription duration and recurrence to the Subscription Services from the offerings on the Site such as monthly, quarterly or annually. When you purchase your chosen Paid Subscription you will gain access to the Subscription Service item or content currently available within your chosen level of subscription within that Paid Subscription for the period chosen. We may decide to periodically update the Subscription Service features, software and/or content made available in the Paid Subscription, and some Subscription Services features, software and/or content may either become unavailable or be made available for free when this happens.
3. Using the Subscription Services
The Subscription Service and any feature, software or content that is made available through the Subscription Service (the “Content”) are the property of Shop Custom Swag, its licensors or third parties. We grant you limited, non-exclusive, non-transferable and revocable permission to make use of the Subscription Service, and limited, non-exclusive, revocable permission to make personal use of the features, software and Content. This right will remain in effect and unless your Paid Subscription term ends and/or access is terminated by you or Shop Custom Swag.
You can change the type of your Paid Subscription by contacting us at least 30 days before your next due date and include the name of the new type of Paid Subscription you’d like to change to. At the next due payment date you will be charged the then-current rate for your chosen new Paid Subscription and granted Access to that Paid Subscription. After the change to the Paid Subscription is made, the existing Paid Subscription is canceled and your billing date changes to the date you change your Paid Subscription. The new Paid Subscription will automatically renew each month, quarter, or year depending on the term you have chosen, without notice, until you cancel.
Upon termination of this Agreement any copyrights vested in the Content shall remain with Shop Custom Swag, its licensors or third parties. When the Access has been terminated, all licenses and permissions granted hereunder shall automatically terminate and you shall immediately cease your use of the Content. It is your responsibility to ensure that such unauthorized use of the Content will not happen. Shop Custom Swag also reserves the right at our sole discretion to (a) request you to immediately remove any such misused Content, (b) limit, suspend or terminate your account, (c) take technical and legal steps to keep you off the Site; and (d) charge you for any damages and losses arising out of such unauthorized use.
You also agree (a) not to violate any laws in connection with your use of the Subscription Services; (b) not to interfere with or try to disrupt our Subscription Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their products; and (c) copy, sell, or lease Subscription Services to any third party.
4. Paid Subscription Terms and Payments
Your Access and Paid Subscription begins after your initial payment for Subscription Services is processed (except in the case where you change the type of your Paid Subscription). For initial purchases of a Paid Subscription, Shop Custom Swag will then setup your Site based on your specified criteria.
Your Paid Subscription will automatically renew each month, quarter, or year depending on the term you have chosen without notice until you cancel. We will automatically invoice you the then-current rate for your Paid Subscription and applicable taxes, every month, quarter or year upon renewal until you cancel.
We may charge the Paid Subscription’s rate, and we will notify you of any applicable rate change with the option to cancel. Subject to applicable law, you accept the new price by continuing to use the Subscription Services after the price change takes effect. If during the term of your Paid Subscription the applicable tax rate changes, we will adjust the tax-inclusive price for the Paid Subscription accordingly on your next billing date.
You may cancel your Paid Subscription at any time; however there are no refunds for cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of the Subscription Services according to the chosen preferences (either a monthly, quarterly, or yearly Paid Subscription regardless of the type of Paid Subscription or any changes to it).
5. Limitations of Liability
You understand that our Subscription Services are provided “as is,” with all faults and without any kind of warranty (express or implied). TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SUBSCRIPTION SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to use the Subscription Services solely at your own risk, and understand that we do not guarantee the results of using the Subscription Services meeting your expectations or Subscription Services being secure or available at any particular time or location.
Our liability is limited according to the provisions of our Terms of Service. To the fullest extent permitted by law you release us from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by Shop Custom Swag of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Shop Custom Swag (or for which Shop Custom Swag provides no guarantees) under this Agreement, or (b) for which Shop Custom Swag is otherwise indemnified or released by you under this Agreement. Notwithstanding the aforementioned, Shop Custom Swag’s liability to pay damages for any losses incurred by you as a result of breach of contract, negligence or other tort committed by Shop Custom Swag, regardless of the theory of liability asserted, is limited to no more than the total amount of Paid Subscription fees paid under this Agreement for the twelve months immediately preceding the claim.
To the fullest extent permitted by law you will defend, indemnify, and hold Shop Custom Swag harmless from any claim or demand made by any third party (including, but not limited to, your Users), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by Shop Custom Swag, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of Subscription Services, or (c) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
7. Governing Law
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter shall be governed by and construed in accordance with the laws of the State of Washington, United States without regard to conflicts of laws rules.
9. Revenue Sharing
This section only applies when you've chosen a subscription plan including revenue sharing. You must register for an account through us with CollabPay to be able to receive revenue sharing payouts under this Addendum. You must comply with all applicable policies and registration requirements (the “Supplemental Terms”). Should you not agree to the terms of this section or any of those Supplemental Terms, do not proceed with subscribing to a plan involving revenue sharing. Should you not be approved for registration under this program, your plan will automatically convert to one of our plans without revenue sharing.
Subject to successful registration and payment of the subscription fee, the Parties agree that you are entitled to the revenue sharing percentage of the profits of products sold only within your collection during the term of your subscription. You will choose your revenue sharing percentage in CollabPay which will be added as a markup on the items sold by us. Upon termination the Parties agree that you will receive your profit share resulting from sales completed prior to the termination date, but no further revenue sharing will be processed.
Questions about this Agreement should be sent to us at email@example.com.