Terms Of Service


By becoming a customer of LogoNerds.com, you agree to be legally bound by these terms and conditions, including those terms and conditions incorporated by reference. LogoNerds.com reserves the right to modify these terms and conditions at any time by updating this page. You should visit this page periodically to review the Terms and Conditions, as they are binding to you.


Any reference made in these Terms and Conditions to products and services provided by LogoNerds.com shall include, but not be limited to, all text, images, photographs, designs, logos, graphics, Web sites, stationery designs (business cards, letterhead, and envelopes), brochure designs, marketing materials and advertising as well as any other products or services now or in the future offered by LogoNerds.com.


Satisfaction Guarantee:
We work according to the design specifications completed by you during the order process and through email. 100% satisfaction guarantee entitles you to 1 free redraw if you are not completely satisfied with your first set of logo concepts and must be requested within 72 hours of receiving your order. It is your responsibility to make sure that the email address provided can receive emails from Logonerds.com Free revisions entitles you to a maximum of 4 revisions for our professional web logo package and 6 revisions for our professional business logo and mascot design packages. Guarantee is only offered on web logo and business logo packages.


Initial Concepts & Revision requests shall be submitted via email to the provided email address. The number of revisions is determined by the design package purchased. You are encouraged to provide all necessary feedback within the allotted number of revisions, as LogoNerds.com is under no obligation to make revisions beyond the number allotted for the specific product or service purchased. Upon the email notification, you have 5 calendar days to review the initial designs or provide feedback for revisions. If you fail to review designs and submit feedback within this 5-day period, LogoNerds.com will assume that your project is complete and the project shall be deemed completed. Once a project is deemed completed, all logo design files are held for a period of no more then 10 days after which time LogoNerds will remove all completed files from its servers. LogoNerds is under no obligation to hold completed files in storage. If after 10 days customer requests files, LogoNerds is under no obligation to provide such files and there may be an additional charge to re-create the files after this 10 day period. LogoNerds.com reserves the right, in its sole discretion, to terminate all or a portion of the Service, at any time, with or without notice. In the event of such termination, LogoNerds.com will determine, in its sole discretion, whether you are entitled to any refund. Should you require additional revisions or services beyond the scope of the package purchased, you will be provided with a price list for such changes. LogoNerds.com will make such revisions upon additional payment. Once a concept has been approved and/or once finals have been requested and/or delivered, no further changes can be made/requested. If further revisions are requested after final files have been requested and/or delivered, there will be an additional fee of $17 to continue revising and to again reformat the final files. Finals are only delivered for one concept or pose. Additional concepts can be purchased for $17 if no further revisions are required for those additional concepts/poses.



Ownership
Ownership of the final logo artwork is not retained by LogoNerds.com. LogoNerds.com only retains the right to display the artwork in our portfolio, reseller portfolios and advertising materials. Your use of the logo under these Terms and Conditions are limited to the one Final Design selected only and not all delivered concepts. All concepts, comprehensives, modification, or other preliminary materials, which are not selected by Customer or are not included into the final delivery, remain the full property of the designer. LogoNerds.com is not responsible for assuring the originality of any work delivered, and that it is your full responsibility to research all artwork received before using it in any way. Furthermore, LogoNerds.com is not responsible for any legal difficulty of any kind incurred by using any service purchased from us.


Trademarks and Service Marks
LogoNerds.com shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Design. No trademarks, copyrights, or service marks in or to any Final Design are being conveyed under these Terms and Conditions
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You agree to indemnify LogoNerds.com in the case that the supplied materials are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material

Ideas and Materials Provided by Customer, including but not limited to, images, photographs, graphics, composites, sketches, drawings, text and illustrations supplied by you for inclusion, incorporation and/or addition into the design are your property, and you warrant that you have taken the necessary steps to acquire the permission of the legal copyright and/or trademark holder for the use thereof. You agree to indemnify LogoNerds.com in the case that the supplied materials are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material

Logo Refund Policy


LogoNerds.com is committed to do our best to meet your expectation. You are entitled to a refund less an administration fee of $20 for web and business logo packages and $50 for character design packages under the following conditions: You have requested the refund within 3 days of our sending the initial design concepts to you to review and have not given us instructions to redraw or to continue to work on revisions of the inital design concepts that have been sent to you.


Other Services & Refund Policy
All other service orders are Final. We do not under any circumstance offer any refunds on other services provided by LogoNerds.com due to the excessive time that is spent by us designing & or developing these other services which include but are not limitted to web design, banner design, business card design, holiday themed logo design, stationary design, flyer design, brochure design and any other service listed under "other services" on our website. We provide our customers with every reasonable measure to ensure satisfaction, however, our refund policy is All Sales Are Final. 3 Revisions included with Identity package, banners, headers, logo repair, holiday logo and favicon design services.

 

 

Web Design - Maximum of 2 concepts and total of 2 pages (1 home-page and one content page) and 3 revisions included. LogoNerds.com shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like on Any idea or material, including but not limited to, images, photographs, graphics, composites, sketches, drawings, text and illustrations. in order to validate the propriety or legality of the Final Design. No trademarks, copyrights, or service marks in or to any Final Design are being conveyed under these Terms and Conditions.You agree to indemnify LogoNerds.com in the case that materials are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material. Ideas and Materials Provided by Customer Any idea or material, including but not limited to, images, photographs, graphics, composites, sketches, drawings, text and illustrations supplied by you for inclusion, incorporation and/or addition into the design are your property, and you warrant that you have taken the necessary steps to acquire the permission of the legal copyright and/or trademark holder for the use thereof. You agree to indemnify LogoNerds.com in the case that materials are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this material


You agree to provide timely responses to any status notifications that LogoNerds.com sends you. You shall have 5 calendar days to respond to each response sent to you. If you have failed to respond after 5 calendar days, LogoNerds.com will assume that your project is complete and the project shall be deemed completed. At such time, LogoNerds.com will have no further obligation to you. LogoNerds.com reserves the right, in its sole discretion, not to guarantee your access to all or a portion of the Service, at any time, with or without notice and will determine, in its sole discretion, whether you are entitled to any refund. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge and agree that you will have no right (express or implied) to use any design concept, artwork, content, or media developed on your behalf by LogoNerds.com, nor will you have any ownership interest in or to the same. To turn in your refund request, you may Request this refund by contacting your project manager.



Order Acceptance and Cancellation.LogoNerds.com retains the right in its sole discretion, to refuse and refund any projects or content that is explicitly adult in nature, or deemed inappropriate by LogoNerds.com. We shall have the right (but not the obligation) to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, and defamatory; incites religious, racial or ethnic hatred; or violates the rights of others. We reserve the right after acceptance of your order to cancel, terminate, or otherwise cease work on your order for any reason and at any time without notice, whether or not your credit card has been charged or if payment has otherwise been received by us.


Electronic Communications. When you become a Customer of LogoNerds.com you consent to receive, via email or otherwise, status notifications, a newsletter, and carefully selected special offers and promotions for certain products and services that could be of value to you. We will communicate with you by emails and by posting information or notices via the LogoNerds.com Web site. You agree that all agreements, notices, disclosures and other communications that LogoNerds.com provides to you electronically satisfy any legal requirement that such communications be in writing.  


Indemnification You agree to indemnify and hold LogoNerds.com harmless against any and all claims, demands, regulatory proceedings, and all damages, costs (including, without limitation, settlement costs), and expenses of any kind whatsoever (including, without limitation, reasonable attorneys fees) directly or indirectly arising from or relating to our agreement or LogoNerds.com provision of products or services to you including, but not limited to, (i) you use or misuse of any product or service supplied by us or third parties through us approved by you or any materials or information supplied by you; (ii) any products, services or activities undertaken by LogoNerds.com on your behalf; or (iii) your sale of its products and services or other operation of its business. Legal Disputes You hereby agree and consent to venue in Toronto, Ontario, Canada in the event of any legal action regarding these Terms and Conditions or of any copyright enforcement issues.

Affiliates & Resellers: Combining affiliate discounts and reseller discounts is prohibited and will result in all affiliate commissions being declined and could result in the removal from our reseller program.



Free Web Design Terms



These Terms of Service define the terms by which you may use the LogoNerds.com website (“Website”), and are an agreement between you and the company LogoNerds.com, Logo Nerds, Inc., a company located in Ontario, Canada (“Company”)(the Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Service.

We may modify our Terms of Service at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Service. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Service includes all such policies.

1. OUR BUSINESS

Our business provides custom website design and hosting, Internet marketing, and logo design services to small businesses at an affordable price (the “Services”).

2. OUR SERVICES

(a) Website Hosting and Design Package: If you purchase our standard website hosting and design package, you will receive free website design services and a free domain and will only be charged a monthly hosting fee in the amount of Twenty-Seven Dollars ($27.00) USD. You will have the option of choosing between two custom design concepts that we will create for your website. Upon selecting a design concept, we will build up to a fifteen (15) page website for you, which will be based on the design concept you have chosen. You may request up to three (3) sets of revisions to your full website design. You will be responsible for promptly providing all text, images, and videos, and other content that you want posted to your website, provided that your content may not exceed twenty (20) images or ten (10) videos. Your completed website will include a “contact us” form field, the ability to view your website statistics, and the ability to make updates to your content. You will be asked to select a first choice and backup domain for your website, which we will then seek to secure for you, and your website will be launched at the domain, which we secure. Upon completion of your website design, we will host your website on our host server and provide basic search engine optimization services for your website (the “Hosting Services”). Our standard website hosting and design package includes for your convenience up to ten (10) hosted email addresses. For the avoidance of doubt or confusion, our standard hosting and design packages do not include access rights to the hosting account, instead, your rights will be limited to having access to the administrative pabel to update your content only.

(b) Website Updates: If you require additional website design or other maintenance services after your website is launched, we will provide those services to you at our then-current standard hourly rate pursuant to a separate work order agreement.

(c) Domain Name Transfer: You may request that we transfer ownership of your website domain to you at any time for a fee of Thirty Dollars ($30.00) USD.

(d) Design Credit: You may request that we remove the design credit from the bottom of your website for a monthly fee of Nine Dollars and Ninety-Five Cents ($9.95) USD.

(e) Internet Marketing Services: If you require additional internet marketing services, we will provide those services to you at our then-current standard hourly rate pursuant to a separate work order agreement.

(f) Logo Design Services: If you require logo design services, we will provide those services to you at our then-current standard hourly rate pursuant to a separate work order agreement.

For more information about our Services or if you want to enter into a work order agreement with us, please contact us at [Orders @ LogoNerds.com ].

3. TERM; CANCELLATION

The term of our subscription for the standard website design and hosting package is one (1) year (the “Subscription”). Upon expiration of the Subscription, your subscription will be automatically renewable for successive periods of one (1) month each (the “Renewal Period(s)”). You may cancel our Hosting Services during any Renewal Period upon thirty (30) days prior written notice.

In addition, we may cancel your Hosting Services at any time during the Subscription or any Renewal Period without providing prior notice, if you violate any of our Terms of Service. We will also cancel your Hosting Services if you fail to make any payment to us within thirty (30) days following the date on which such payment is due and payable. In the event we cancel your Hosting Services during the Subscription Period, you will be immediately responsible for paying us in full for the full one year Subscription less any previously paid monthly fees. Otherwise, you will be responsible for all unpaid fees incurred prior to the cancellation date.

Upon cancellation, we will immediately remove your website from the Internet and release ownership of your domain back to the registrar. We will have no further responsibility to provide any Service to you after cancellation of the Services.

4. PAYMENT TERMS

Except as otherwise agreed in a separate work order agreement, all monthly payments will be due and payable on the 1st of each calendar month. Our credit card processor accepts all major credit cards for payment, including VISA, Mastercard, American Express, Discover, as well as Pay Pal.

We reserve the right to submit any payments which are more than ninety (90) days past due to our collections agency for credit reporting. You will be solely responsible for all collection costs, including all attorneys’ fees.

5. INTELLECTUAL PROPERTY

You are responsible for providing to us all photos, text, and other materials (“Content”) that we will use in the performance of the services. You retain all right, title, and interest in all Content, but grant us a nonexclusive license for the Subscription Period and any Renewal Periods to use and display your Content on the Internet for the purpose of performing the Services described herein. You are solely responsible for backing up and maintaining copies of all Content that you supply to us.

We shall retain ownership of all right, title, and interest in all material that we develop for your website, including but not limited to the design features, the organization, the codes, text, databases, compilations, and all content (collectively, the “Intellectual Property”). We grant you for the Subscription Period and any Renewal Periods a nonexclusive license to use and display the Intellectual Property on the Internet for the purpose of performing the Services as described herein. You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of your website for any commercial or non-commercial use without the express written consent of us as appropriate. If you need additional rights to the Intellectual Property, you may purchase such additional rights following the expiration of the Subscription Period for a fee of Seventy-Five Dollars ($75.00) USD per web page. Upon our receipt of the applicable fees, we will provide to you a copyright assignment affirming your rights in the Intellectual Property that we transfer to you.

We and our licensors shall own all right, title, and interest in the software uploaded to the hosted server as well as to the photos that we use on your website. You are solely responsible for complying with the terms of all software and other copyright licenses, and you may not, reproduce, reverse engineer, copy, or use for any other purpose the software uploaded to the hosted server or the photos uploaded to your website.

6. INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied by us or one of our clients in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

(a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;

(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;

(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;

(d) Contact Information. Your address, telephone number, and email address; and

(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

7. CONFIDENTIAL INFORMATION

Both parties agree to keep confidential and to not publish, disclose, or use, for any purpose, the confidential information furnished by the other party during the Subscription Period and any Renewal Periods. For the purposes of these Terms of Service, “Confidential Information” shall mean all of the proprietary, non-public information of either party. However, “Confidential Information” shall not include any information that either party can demonstrate by written evidence (i) is now, or hereafter has become, through no act or failure to act on its part generally known or available in the public domain; (ii) is known by such party at the time of receiving such information as evidenced by written records; (iii) is hereafter furnished to such party by a third party; (iv) is independently developed by such party without any use or access to the Confidential Information; or (v) is the subject of a written permission to disclose provided by such party. You expressly agree that all our business and search engine optimization strategies and unpublished prices constitute our Confidential Information, and we agree to keep confidential all information about your business and business model, including but not limited to any business plans.

8. PUBLICITY

You agree that we may list you as a client on our Website, and that we may provide a link to your website. You grant to us a nonexclusive license for the Subscription Period, any Renewal Periods, and thereafter, to use your logo and branding on our Website for the sole purposes of identifying you as a current or past client of our company.

9. OPERATION OF THE WEBSITE; PASSWORDS

We use commercially reasonable efforts to maintain client websites and to keep them operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;

(b) Description of Error Message. The exact wording of any error messages, if applicable; and

(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to your website will be continuous or uninterrupted, or that your website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We use commercially reasonable efforts to ensure that customer websites are protected from viruses and other destructive software, but we cannot guarantee that your website will at all times be free from viruses. We urge you to use reasonable care in downloading information from your website.

You should limit the disclosure of your password to your website to those employees and independent contractors, whom you have specifically authorized to access your website (“Authorized Users”), and you should not share your password with any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than your specific URL. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section.

10. Prohibited Uses of the Hosted Server

The Hosting Services may be used only for lawful purposes and should only be used by Authorized Users. We specifically prohibit any other use of the Hosting Services, including but not limited to the following:

  1. taking any action that disrupts, tampers with, interferes with, or imposes an unreasonable burden on the hosted server;

  2. impersonating an Authorized User in order to obtain unauthorized access the host server or Hosting Services;

  3. impersonating an Authorized User in order to obtain unauthorized access to the host server or Hosting Services;

  4. allowing access to the host server or Hosting Services by someone other than an Authorized User;

  5. using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots or other intelligent agents) to navigate, search, access, monitor, or copy any customer website the Hosting Services;

  6. attempting to upload to the host server any files, computer code, viruses, or other programs designed to interrupt, destroy, or limited the functionality of any customer website or the host server;

  7. aggregating, copying, duplicating any data or file on the host server;

  8. using any means of automatically searching or mining data from the host server or in any way attempting to interfere with the proper functioning of the host server generally;

  9. intentionally or unintentionally violating any applicable local, state, national, or international law;

  10. providing material support or resources to any terrorist organization;

  11. storing, distributing, or transmitting any material that is unlawful, harmful, threatening, defamatory, obscene, harassing, racially or ethnically offensive; facilitating illegal activity; depicting sexually explicit images, promoting unlawful violence; or discriminating based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activities; or

  12. providing material support or resources to any terrorist organization.

11. WARRANTIES

YOU EXPRESSLY WARRANT AND REPRESENT THAT ALL CONTENT THAT YOU SUPPLY TO US FOR USE ON YOUR WEBSITE IS NOT INFRINGING AND DOES NOT VIOLATE THE RIGHTS OF ANY THIRD PARTY. YOU ALSO WARRANT THAT ANY DOMAIN THAT YOU CHOOSE WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY.

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND THAT THE USE AND RELIANCE ON THE SERVICES IS AT YOUR OWN RISK. WE CAN MAKE NO WARRANTY THAT USE OR ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, FREE OF TECHNICAL PROBLEMS, THAT THE SERVICES WILL MEET ALL OF YOUR NEEDS, THAT YOU WILL NOT SUFFER ANY LOSS OR DAMAGE TO CONTENT ON YOUR WEBSITE, OR THAT ANY LOST OR DAMAGED CONTENT WILL BE RECOVERABLE. WE WILL, HOWEVER, USE REASONABLE CARE TO PROVIDE UNINTERRUPTED, BUG-FREE, ERROR-FREE, ACCURATE AND COMPLETE SERVICES AND TO MAINTAIN CONTINUOUS HOSTING. WE CANNOT GUARANTEE ANY SPECIFIC RANK RESULT FOR YOUR WEBSITE ON A SEARCH ENGINE. WE WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO UTILIZE GOOD SEO PROCESSES TO IMPROVE YOUR RANK RESULTS OVER TIME.

WITH EXCEPTION OF THE WARRANTY SET FORTH IN THIS SECTION, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM THE COURSE OF PERFORMANCE, THE COURSE OF DEALING, OR THE USAGE OF TRADE.

12. RELEASE OF CLAIMS

To the maximum extent permitted by applicable law, you hereby release and waive all claims against us and our officers, directors, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to the Services. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us and our respective directors, officers, employees, agents, representatives, and independent contractors from any and all liabilities, losses, damages, fines, judgments, settlements, or expenses (including but not limited to reasonable attorneys fees) arising out of or in connection with (a) a negligent or intentional act or omission by you or your officers, directors, members, managers, employees, or independent contractors, (b) a breach of any term or condition of these Terms of Service; (c) the use of any Content on the Internet, which is supplied by you for our use in connection with the Services; or (d) your choice of your domain.

14. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES

You agree that Company and this Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website or the Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total amount of fees that you paid to us in the six (6) month period immediately prior to the arising of the events from which your claim arose. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

15. MISCELLANEOUS

We reserve the right to discontinue this Website and our Services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.

16. GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law principles. All disputes arising under these Terms of Service shall be submitted to binding arbitration under the Commercial Rules of the International Chamber of Commerce in Toronto, Ontario by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim of up to $1500.00, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

17. FORCE MAJEURE

In the event we fail to perform any obligation pursuant to these Terms of Service due to an “act of God” or an act of any government, terrorism, riot, war, accident or any deficiency in materials or transportation or any other cause of any nature beyond our control, such failure shall not be deemed to be a breach of these Terms of Service, provided that we notify you of the existence and nature of the reason for our nonperformance and delay, and we resume performance immediately upon the conclusion of the relevant force majeure.

18. ELIGIBILITY TO USE OUR SERVICES

Only adults, who are at least eighteen (18) years of age, are eligible to use our Services. In addition, to use our Services, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By using our Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and can abide by all of the terms and conditions set forth therein.

19. CONTACT US

In the event that you have any questions about these Terms of Service, please notify us at the contact information listed below:

Orders @ LogoNerds.com

 



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