Terms and conditions
These terms cover design, printing, production and installation of vehicle wraps and other products made by Jack Signs. Questions? Call (323) 264-0361.
Design and installation
Customer has the option to only purchase the Product from Jack Signs and take the Product to its installer of choice (“Self Installation”). If Customer decides to proceed with Self Installation for the Product, Customer proceeds with such installation at its own risk. Jack Signs shall have no responsibility or liability for any Self-Installation. Customer shall not be eligible for a refund of the Product if Customer uses Self Installation. At Customer’s request, Jack Signs's designers will design a vehicle wrap for Customer, using the information and parameters provided by Customer through the Website and Text/Email Communication. Each vehicle wrap designed by Jack Signs for Customer will be referred to in these Terms as a “Product”. The design and specifications of each Product will be referred to in these Terms as the “Product Design”. It is Customer’s responsibility to provide complete and accurate information, such as a vehicle’s make and model, to create the Product Design. Once a Product Design has been created, Jack Signs may present it to Customer for its review and approval. If Customer approves a Product Design, Jack Signs will send the details of the Product Design to print at Jack Signs for printing, production and installation of the Product. Customer may only use Jack Signs to complete the production and installation of the Product, and Customer is prohibited from taking the Product Design to an alternative print shop.
Product Design Inaccuracies
In some instances, Jack Signs will need to rely solely on Customer’s information and measurements with respect to a Product Design. Jack Signs shall not be responsible for any issues with a Product Design caused by inaccurate information or measurements provided by the Customer. In the event of an issue caused by inaccurate information or measurements provided by Customer, such as vehicle make and model, Customer will be solely responsible for any additional fees incurred by Jack Signs to remedy the Product Design. Upon identification of a Product Design issue, Jack Signs will contact Customer with an explanation of the issue and a quotation to resolve such issue. Jack Signs may present it to Customer for its review and approval. If Customer approves a Product Design, Jack Signs will send the details of the Product Design to print at Jack Signs for printing, production and installation of the Product. Customer may only use Jack Signs to complete the production and installation of the Product, and Customer is prohibited from taking the Product Design to an alternative print shop.
Customer's Content
Customer acknowledges that, in designing each Product, Jack Signs relies heavily on the photographs, artwork, logos, graphics, text, data and/or other content (collectively, “Content”) available on Customer’s website or provided by the customer. Customer represents and warrants to Jack Signs that: (a) all information provided by Customer to Jack Signs is and will be true and correct in all respects; (b) Customer either owns all rights to all Content on its website or has sufficient rights and permission in its Content to permit Jack Signs to design and develop a Product Design for Customer under these Terms; and (c) the use of Customer’s Content in any Product designed and/or produced by Jack Signs and/or its designated Print Shop will not infringe or violate any third party’s patent, copyright, trademark, trade secret or other intellectual property rights.
Jack Signs' Ownership
The Product shall be for the exclusive use of the Customer. Upon full payment, reproduction rights for the Product and Product Design shall be granted to Customer for installation of the Product. The Product Design and all original materials created by Jack Signs for the Product remain the property of Jack Signs and may not be used by Customer without the written permission of Jack Signs. Jack Signs retains the right to use the Product, Product Design, and any preliminary designs for the purpose of design competitions, future publications on design, marketing materials, posting on Jack Signs website or social media channels, and Jack Signs' physical portfolio.
Charges
Charges for the Product will be set out in the quotation provided to Customer. At the time of the Customer’s signed acceptance of the quotation, a non-refundable payment of 50% of the quoted fee will become immediately due. The remaining 50% of the quotation total will be due upon completion of the Product upon Customer’s acceptance of such Product. Acceptance of the Product occurs upon payment by Customer.
Supplemental Charges
In the event of unforeseen charges relating to creation or installation of a Product, Customer will be contacted and provided a supplemental quote for the Product. No additional work will be completed until approval and acceptance of the supplemental quote is provided by Customer. Customer must provide approval and acceptance of supplemental charges within one (1) business day and payment for the charges as outline in the supplemental quote will be collected in a timeframe selected by Jack Signs. Unforeseen charges include, but is not limited to, removal of existing graphics, after-market accessories, and vehicles requiring repair prior to installation.
Additional Customer Responsibilities
Any and all approvals that Customer is required to provide under these Terms will be delivered in a timely manner two (2) business days so as to enable Jack Signs to carry out its obligations hereunder.
Legal Compliance
Customer is solely liable for any Product Design’s compliance with any local, state, or federal requirements.
Privacy
All personal data that Customer provides through the Website will be handled in accordance with Jack Signs' Privacy Policy. Children under the age of eighteen (18) are prohibited from submitting any personally identifiable information. If Jack Signs learns that a user under the age of eighteen (18) is using the Website, then Jack Signs will use commercially reasonable efforts to block that user from using the Website.
Customer's Liability
Customer will defend, indemnify and hold harmless Jack Signs and its officers, directors, employees, agents, affiliates, Print Shops, successors and assigns from and against any and all costs, claims, damages, expenses and liabilities of any kind (including, but not limited to, reasonable attorneys’ fees and costs) with respect to any claims or suits arising out of any act or omission of Customer, its officers, directors, employees, agents, affiliates, successors or assigns, connected with or related to these Terms and the services provided by Jack Signs, including, but not limited to, claims arising from: (a) any breach or violation of Customer’s obligations under these Terms; (b) Customer’s Content; or (c) Customer’s use or reproduction of any Product or Product Design. If a claim for indemnity is made under this Section, Jack Signs will give Customer prompt written notice of any alleged liability or action and will tender the full defense thereof to Customer. Jack Signs will not be liable for any settlement of any such liability or action effected by Customer without the prior written consent of Jack Signs.
Exclusion of Warranties
Customer agrees that its use of any product designs created by Jack Signs is at its sole risk, and acknowledges that all services provided by Jack Signs are provided “As is” and “As available”. To the extent not prohibited by applicable law, Jack Signs disclaims all warranties and conditions, whether express, implied or statutory, other than those expressly set forth in these terms, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, with respect to any product, product design, and any other goods and/or services provided to customer under these terms.
Limitation of Liability
(a) Under no circumstances, including, but not limited to, negligence, will Jack Signs, its officers, directors, employees, agents, affiliates, print shops, successors or assigns be liable to customer for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if Jack Signs has been specifically advised of the possibility of such damages, arising from the use of or inability to use the product or product design, or otherwise, including, but not limited to, any lost revenue, lost business, lost profits, lost goodwill, lost data, lost use of data or other pecuniary loss, that customer may suffer or incur. (b) Jack Signs' maximum liability for any damages arising out of or related to these terms or any services provided to customer, whether in contract, tort (including, but not limited to, negligence) or otherwise, will in no event exceed, in the aggregate, the greater of (i) the aggregate sum paid to Jack Signs under these terms with respect to any particular product or product design, or (ii) $100.00, even if Jack Signs has been advised of the claim or potential claim.
Force Majeure
Jack Signs will not be liable for any failure to fulfill its obligations under these Terms or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, acts of cyber-terrorism, cyber-espionage or cyber-hacking, delays in transportation or inability to obtain labor or materials through its regular sources. Jack Signs' time for performance of any such obligation will be extended for the time period of such delay or Jack Signs may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Customer. No penalty of any kind will be effective against Jack Signs for any such delays in performance or cancellation.
Termination of Service
Jack Signs reserves the right to terminate Customer’s account or right to access the Website at any time, without notice, for conduct that Jack Signs believes violates these Terms and/or is harmful to other users of the Website, to Jack Signs, to its partners, to the business of the Website’s service provider, or to other service or information providers.
Governing Law
These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. By using or accessing the Website, Customer agrees that any action at law or in equity arising out of or relating to its use of the Website, these Terms or any Product Design created by Jack Signs will be filed only in the state or federal courts sitting in Los Angeles, California, and Customer hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
Local Laws
Jack Signs makes no representation that Customer may lawfully use the Website or any Product Design in all jurisdictions. Access to the Website from jurisdictions where such access or actions are illegal is expressly prohibited. If Customer chooses to access the Website from such a jurisdiction, it does so on its own initiative and is responsible for compliance with applicable local laws. Jack Signs is not responsible for any violation of law. Customer may not use or export any Product Design in violation of U.S. export laws and regulations. Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which Customer is located (if different from the United States).
Miscellaneous
Customer may not assign its rights or obligations with respect any Product or Product Design to any third party without Jack Signs' prior written consent. These Terms constitute the entire agreement between the parties, supersede all prior agreements and understandings, express or implied, oral or written, relating to the subject matter hereof. These Terms will be binding upon and inure to the benefit of Jack Signs and Customer, and their respective representatives, successors and permitted assigns.
Customer's Consent To These Terms
By entering data into Jack Signs Website and requesting that Jack Signs design or install a vehicle wrap for Customer, Customer consents to and agrees to be bound by these Terms. If Jack Signs decides to change any aspect of these Terms, it will make an effort to post those changes on this web page so that Customer will always be able to understand and agree to the terms and conditions governing its use of the services provided by Jack Signs. Customer’s use of the Website after Jack Signs posts notice of any changes to these Terms on this web page will signify Customer’s assent to and acceptance of the revised Terms. If Customer has any questions or comments of any kind, please let Jack Signs know by sending comments or requests.