Terms of Service
Last Revised: March 19, 2020
Welcome to MySigns.Express, a website service for Express Signs, Inc. located in Grand Rapids, Michigan. We provide this website as a service to our customers. Please read the following Terms of Service (hereafter “TOS”) carefully, which govern your use of MySigns.Express and Express Signs, Inc. service.
These TOS govern your use of this website; by using this website, you accept these TOS in full and without reservation. If you disagree with any part of these TOS, you must not use this website. Express Signs, Inc. reserves the right to change this website and these TOS at any time without notice. By your continued use of this site, you agree to follow any future modifications, alterations, or updates to this site and our TOS.
You also agree that we may provide all legal communications and notices to you electronically by posting them on MySigns.Express or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by emailing us at info@mysigns.express; however, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account at MySigns.Express.
1. Express Signs, Inc. Service
Express Signs, Inc. provides sign and graphic printing services, including indoor and outdoor signs; channel letter signs; banners; window clings and decals; vehicle wraps; print products such as business cards, flyers, brochures, etc.; and promotional products such as apparel, drinkware, stationary, etc. (hereafter “products”).
2. Use of Express Signs, Inc. Products
2.1.) Eligibility. You must be at least 18 years of age to use our website and Express Signs, Inc. products. By using this website and agreeing to our TOS, you warrant and represent that you are at least 18 years of age. Express Signs, Inc. will not knowingly provide services to customers under 18 years of age; however, customers under 18 years of age but older than 13 years of age may request our services ONLY under the supervision of a parent or legal guardian.
2.2.) Compliance with TOS and Applicable Law. To use this website and our services, you must obey not only Express Signs, Inc. TOS and policies but also all applicable laws and regulations. You also agree to these details:
Express Signs, Inc. is based in Grand Rapids, Michigan and therefore all transactions that take place on MySigns.Express servers are located in Grand Rapids, Michigan.
You agree to submit to the jurisdiction of Grand Rapids, Michigan courts and agree that venue in these courts is proper in any such legal action or proceeding.
2.3.) Your License to Use MySigns.Express and Express Signs, Inc. Services. MySigns.Express contains intellectual properties such as graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information trademarked by Express Signs, Inc. Unless otherwise stated, we and our licensors own the intellectual property rights published on this website. Subject to the license, we reserve the rights to all of these intellectual properties. As our customer and user of MySigns.Express, you agree to the following:
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- You will not acquire any right, title, or interest of Express Signs, Inc. intellectual property.
- You have a limited revocable license to access and use MySigns.Express for the purpose of the website and Express Signs, Inc. services, subject to compliance with these TOS.
- You may view, download (for caching purposes only), and print pages, files, and other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in these TOS.
- You do not have the right to collect and use data from this website for any purpose prohibited by Express Signs, Inc. TOS and policies, including creating derivative works, downloading copy of the website besides page caching, and using our website information outside the scope of our services.
- You also must not perform the following actions:
- republish material from this website in both print and digital media or documents (including republication on another website);
- sell, rent, or sub-license material from this website;
- show any material from this website in public;
- reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on this website;
- redistribute material from this website—except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through iframes or screen scrapers.
Note: Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Section 2.3 does not pertain to your intellectual property rights. See Section 4 for information on User Content.
2.4.) Third-Party Services. Express Signs, Inc. may use third parties to provide various services you can use throughout the website. We do not control these third parties, whom may have their own TOS with which you must comply. Should these TOS conflict with Express Signs, Inc. TOS, you must comply with Express Signs, Inc. TOS, agreements, and policies as applicable.
3. General Rules
3.1.) Prohibited Use. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of it in any way which is illegal, fraudulent or harmful, or in connection with any illegal, fraudulent or harmful purpose or activity. In addition, you must adhere to these items:
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- You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent, including scraping, data mining, data extraction, data harvesting, framing (iframes), and article ‘spinning’, except to for the operation of search engines and related activities.
- You must not use this website or any part of it to transmit or send unsolicited commercial communications.
- You must not use this website for any purposes related to marketing without our express written consent.
- You must not modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used by MySigns.Express.
- You must not use meta tags, search terms, key terms, or the like that contain the Express Signs, Inc. name or trademarks.
3.2.) Restricted Access. Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice.
If you are provided with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
We may disable your user ID and password at our sole discretion without notice or explanation.
4. User Content and Submissions
4.1.) Ownership. You do not lose ownership of the content that you design on or upload to MySigns.Express; however, upon uploading content to our website, you grant Express Signs, Inc. the worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
4.2.) User Termination of Content. You may remove your content at any time, and you retain any copyright and other intellectual property rights in that content. If you choose to remove your content that you designed or uploaded and notify Express Signs, Inc. of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Express Signs, Inc. may fulfill all orders that are in any way derived from your content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.
4.3.) Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information, you grant Express Signs, Inc. permission to use your submissions for marketing and other promotional purposes, including the right to sub-license. You agree that Express Signs, Inc. will have no obligation to keep any of your submissions confidential. You will not bring a claim against Express Signs, Inc. based on “moral rights” or the likes arising from our use of your submissions. This section does not apply to your content that will appear as part of your product that you use in connection with Express Signs, Inc. service.
4.4.) Forbidden Content. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Express Signs or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Additionally, you must not submit any use content to this website that use explicit language or pornography for any printed materials and merchandise.
4.5.) Removal of User Content. You acknowledge that Express Signs, Inc. does not pre-screen content, but that we and our affiliates have the right (but not the obligation) to remove any content that violates the TOS or may otherwise be objectionable per our discretion. You further acknowledge and agree that we may preserve your content and may also disclose your content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to
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- comply with legal process;
- enforce the terms of service;
- respond to claims that your content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Express Signs, our users, and the public.
5. Reservation of Rights.
5.1.) Monitoring. Express Signs, Inc. reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through our website. If we determine, in our sole and absolute discretion, that you or another MySigns.Express user has breached or will breach a TOS or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access or availability to material we determine objectionable. These actions are without any liability to you or a third party.
5.2.) Modification of Service. Express Signs, Inc. may modify our services and this website at any time with or without notice to you. We will incur no liability for doing so.
5.3.) Variation. Express Signs, Inc. may revise our TOS from time to time. Revised TOS will apply to the use of this website and our services from the date of the revised TOS publication. Please check this page regularly to ensure you are familiar with current revisions.
5.4.) Assignment. We may transfer, sub-contract, or otherwise deal with our rights and obligations under these TOS without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and obligations under these TOS.
5.5.) Entire Agreement. These TOS together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of this website and supersedes all previous agreements in respect of your use of this website.
6. Representations and Warranties
6.1.) Mutual Representation and Warranties. You represent and warrant to Express Signs, Inc. and we represent and warrant to you the following:
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- you have the full power and authority to enter into and perform under these TOS;
- the execution and performance of your obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound; and
- these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
.2.) Availability. We do not warrant that this website will be constantly available, or available at all, and that the information on this website is complete, true, accurate, or non-misleading.
5.3.) Advice. Nothing on MySigns.Express constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.
7. Disclaimers and Exclusions
7.1.) Limitations of Liability. We are not liable to you (whether under the law of contact, the law of torts or otherwise) for the contents of, or your use of, or otherwise in connection with, this website. We are also not liable for the following:
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- providing this website free-of-charge, for any direct loss;
- any indirect, special, or consequential loss; or
- any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
7.2.) Exceptions. Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. Additionally, nothing in this website disclaimer will exclude or limit the liability in respect of any
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- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- matter which it would be illegal or unlawful to exclude or limit, or to attempt or purport to exclude or limit, its liability.
7.3.) Reasonableness. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
8. Indemnification.
You hereby indemnify us and will keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers). This indemnification includes all of the above incurred or suffered by us arising out of your breach of these TOS provisions, including any claim that you have breached any provision of these terms and conditions.
9. Breach of Terms of Service
9.1.) Termination. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, to include
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- suspending your access to the website,
- prohibiting you from accessing the website,
- blocking computers using your IP address from accessing the website,
- contacting your internet service provider to request that they block your access to the website, and
- bringing court proceedings against you.
9.2.) Effect of Termination. If you or Express Signs, Inc. terminates your use of the website or the Express Signs, Inc. service, we may delete any of your content or other materials relating to your use of our service on Express Signs, Inc. servers or otherwise in its possession. Express Signs, Inc. will have no liability to you or any third party for doing so.
9.3.) Survival. Notwithstanding Section 8.1 above, these TOS will survive indefinitely unless and until Express Signs, Inc. chooses to terminate them.
10. Safety Signs Disclaimer
10.1.) Customer Responsibility. The customer is solely responsible for the following:
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- Identifying the appropriate precautions, including signage materials, language, and designs necessary to comply with any applicable local, state, or federal laws or regulations, including ANSI and/or OSHA standards, and
- Adequately warning invitees, employees, and the public of any hazards.
10.2.) Safety Precautions. In some cases a sign may not provide an adequate safety precaution. Express Signs, Inc. is not a safety expert and disclaims any and all liability that the template designs offered on MySigns.Express are sufficient to cover any specific hazard. Express Signs, Inc. does not have responsibility to notify customers about changes in the law after sale.
10.3.) Other Parties. You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website our our services.
Without prejudice to the preceding paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as our company itself.
11. Unenforceable Provisions
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will remain in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Miscellaneous
These TOS are binding upon each party to this document, its successors, and permitted assigns. The TOS are governed and interpreted in accordance with the State of Michigan laws without reference to conflict of law principles. You cannot assign or transfer these TOS without the prior written consent of Express Signs, Inc. These TOS (including all of the policies and other agreements described in this TOS) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. Your failure or delay in exercising any right, power, or privilege under these TOS is not a waiver. You and Express Signs, Inc. are independent contractors, and these TOS do not create an agency, partnership, joint venture, or employee-employer.
On This Page…
1. Express Signs, Inc. Service
2. Use of Express Signs, Inc. Products
3. General Rules
4. User Content and Submissions
5. Reservation of Rights
6. Representations and Warranties
7. Disclaimers and Exclusions
8. Indemnification
9. Breach of Terms of Service
10. Safety Disclaimer
11. Unenforceable Provisions
12. Miscellaneous
