Legal Information

Legal

Your purchase of products and or your use of the WaDaYaNeed?™, LLC web site (wadayaneed.com) are governed by but not limited to the policies, terms, and conditions set forth here. Please read them carefully. By using these sites and or purchasing products from WaDaYaNeed?™, LLC you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this "Agreement"). If you do not agree to these terms and conditions, please do not use these sites and or do not enter an agreement to purchase goods from WaDaYaNeed?™, LLC.

These terms shall supersede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or are signed by WaDaYaNeed?™, LLC. WaDaYaNeed?™, LLC (herein known as the Company) reserves the right to make changes to the web site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to the site.

All items are custom manufactured to your specification. We cannot accept liability for copyright or trademark infringements on designs submitted to us by you and manufactured for you. By submitting a design of copyrighted or trademarked item, you warrant that you have been authorized by the copyright or trademark owner or its agents or representative to have that design manufactured by us on your behalf.

The Customer guarantees, warrants, and certifies that it does not infringe upon or unlawfully, wrongfully, or improperly use any trademark, trade name, service mark, or copyright owned or claimed by another. The Customer further guarantees, warrants, and certifies that to its knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any trademark, trade name service mark, copyright formerly or currently used by the Customer in connection with the services rendered by the Company. The Customer shall indemnify, defend, and hold harmless the Company from and against any and all liabilities, costs or expenses which the Company might incur arising from or relating to the Customer's infringement upon, or unlawful, wrongful, or improper use of a trademark, trade name, service mark, or copyright owned or claimed by another.

Furthermore, the Company shall not be liable for any injury or damage to any person or property whatsoever by reason of, or in any manner growing out of, the Customer's infringement upon, unlawful, wrongful, or improper use of a trademark, trade name, service mark, copyright, owned or claimed by another.

WaDaYaNeed?™, LLC reserves the right to decide whether to reproduce images presented to it in connection with its business. If the decision to not print an image or mark is made the customer will be contacted and their money will be refunded.

All orders taken subject to the acceptance by the Company. Delays in approving proofs and samples shall extend the date of delivery. Orders are not subject to cancellation. Execution of all orders is contingent upon fires, strikes, delays of carriers and all other causes beyond our control. In the event that our costs are increased by reason of labor or tax action by any authority, the amount of such increase will be added to the prices current at time of shipment.

WaDaYaNeed?™, LLC reserves the right to reject orders due to: content, pictures, sports teams, trademarked logos or names, copyrights, offensive material, or deadlines that cannot be met.

Items are intended for adult business marketing purposes and may contain small parts. They are not appropriate, or intended for children and pose a hazard to children younger than 3 years of age.

Attorney's Fees

If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party shall be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to court cost and any other relief to which the prevailing party may be entitled. Any action by either party would be settled in the Schoharie County Municipal Court, Schoharie, New York.

Copyright and Trademark Notice

All screens appearing on the WaDaYaNeed?™, LLC web site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of WaDaYaNeed?™, LLC and its respective owners. Copyright ©, 1997-2018 WaDaYaNeed?™, LLC, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

WaDaYaNeed?™, LLC and wadayaneed.com and related logos are registered trade names and/or trade and service marks of WaDaYaNeed?™, LLC. All other marks, names, and logos mentioned herein are the property of their respective owners.

Trademarks may not be used in connection with any product or service that is not in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WaDaYaNeed?™, LLC.

Delivery

Due/Delivery dates are estimates and are based upon prompt receipt of all art, camera work, articles to be printed, and any necessary information.

The Company shall not be liable for delays due to causes beyond its reasonable control such as the acts of God, acts of the Purchaser, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, delays in customs, car shortages, and inability due to reasons beyond its reasonable control, to obtain necessary labor, material, or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.

Delays in shipments caused by freight carriers are not the fault of WaDaYaNeed?™, LLC. WaDaYaNeed?, LLC will not be held responsible for delays by freight carriers. All claims for any damages sought for delayed goods should be made to the shipping carrier. WaDaYaNeed?™, LLC does not represent in any way that compensation for damages due to delay is either warranted or due to our customers.

Claims

Claims for damaged goods shipped via UPS should be submitted to WaDaYaNeed?™, LLC for review. We must be notified within 5 business days from receipt of the shipment. You must retain possession of the goods relating to the claim as the carrier reserves the right of inspection. All goods shipped via common carriers(s) are shipped at the buyer’s risk, and all claims must be made against the carrier. We do not insure on-time delivery or safe carriage of goods. Recourse rests exclusively with the transportation company. Claims for freight adjustments, breakage, concealed damages and delays in transit must be filed with the carrier within 5 business days. Unless otherwise requested, all goods will be shipped at a released value "not to exceed" $.90 per lb. If the customer wishes to add insurance to the shipment for the actual value of the contents it must brought to the attention of the Company at the time of ordering. Any claims paid by the transportation company would be based upon this value. Title to the goods passes to the buyer from the point at which said goods are shipped. Deductions from your invoice for breakage or shortage are not authorized. Any such claims will be made to WaDaYaNeed?™, LLC within 5 business days of delivery.

Disclaimer and Limitation of Liability - THE INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIALS ON THE WaDaYaNeed?™, LLC WEB SITES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NO INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WaDaYaNeed™, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS, EVEN IF WaDaYaNeed?™, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS APPLICABLE. WaDaYaNeed?™, LLC FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WaDaYaNeed?™, LLC WEB SITES. WaDaYaNeed?™, LLC MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. WaDaYaNeed?™, LLC MAKES NO COMMITMENT TO UPDATE THESE MATERIALS.

Governing Law/Venue

The validity of this agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be interpreted and construed to and in accordance with the laws of the State of New York.

Any action at law or equity concerning this agreement and any of its terms or provisions, brought by either party, shall be venued in the Schoharie Judicial District in Schoharie, New York.

Packing

Prices of all goods do not include any allowances for special packing/crating/handling or insurance charges. The Purchaser assumes all responsibility for these charges as shown on the Company's invoice.

Price & Design

Prices, specifications, and designs, are subject to change without notice. Unless stated otherwise in writing.

Price lists, catalogs and online pricing are intended for distribution of general information and are not quotations or offers to sell on the part of the Company.

WaDaYaNeed?™, LLC wishes to make clear that any prices seen on the internet are not guaranteed. WaDaYaNeed?™, LLC makes every effort to keep all their websites up to date with correct pricing. However, we reserve the right to change our pricing at any time as we see fit.

Quotations

Written quotations are subject to change without notice and become void unless accepted by the purchaser within 15 days. Oral quotations are given for estimating purposes only and are not valid unless confirmed in writing by the Company.

Replacement of Defective Material

WaDaYaNeed?™, LLC agrees to correct and shall have the right to correct by repair or replacement at our own expense at our option, any defects in said goods which is due to Company fault or negligence of the Manufacturer of the goods. Provided the Purchaser inspects the goods upon delivery and notifies the Company within 72 hours of delivery as to the defect. The Company shall have the right to inspect the goods prior to making any decision on such defects. When inspection proves the claim, and provided further that during said period said goods are properly cared for. The correction of such defects by repair or replacement by the Company shall constitute fulfillment of all obligations to the Purchaser.

Sales and Similar Tax

The Company's prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified, the amount of any present or future sales, use excise or similar tax applicable to the sale of the goods shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide the Company with a tax exemption certificate (resale number) acceptable to the taxing authorities.

Site Content and Information

WaDaYaNeed?, LLC web sites contain information, advice, text, and other materials (WaDaYaNeed?™, LLC Information) that are provided for your convenience and enjoyment. You should be aware that the WaDaYaNeed?™, LLC information may contain errors, omissions, inaccuracies, or outdated information. WaDaYaNeed?™, LLC makes no representations or warranties or guarantees as to the completeness, accuracy, adequacy, currency, or reliability of any WaDaYaNeed?™, LLC information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products or publications within the WaDaYaNeed?™, LLC web sites does not imply endorsement of any product or publication. WaDaYaNeed?™, LLC is not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

WaDaYaNeed?™, LLC makes no representation whatsoever regarding the content of any other web sites which you may access from web sites. When you access a non-WaDaYaNeed?™, LLC web site, please understand that it is independent from WaDaYaNeed?™, LLC and that WaDaYaNeed?™, LLC has no control over the content on that web site. A link to a non-WaDaYaNeed?™, LLC web site does not mean that WaDaYaNeed?™, LLC endorses or accepts any responsibility for the content or use of such web site.

CALIFORNIA PROP 65 WARNING

Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, California Proposition 65 is a law that requires warning to consumers if a product exposes consumers to a wide variety of chemicals including lead and cadmium. Prop 65 does not ban any product; it simply requires warnings. Prop 65 applies only in California, and covers all products distributed in the state. Please note: WaDaYaNeed?™, LLC complies with all Federal Regulations concerning chemical contents. The State of California requires significantly stricter standards be met.

Terms of Payment

Prepayment is required for all orders unless specified in writing by WaDaYaNeed?™, LLC. We accept VISA, MasterCard, American Express and Discover Credit Cards. Checks and NET terms are given to accounts with prior credit approval. Accounts with past due balances will be placed on credit hold. Prices and discounts/specials are subject to change without prior notice. 2% interest (24% per annum) will be charged on overdue balances. This amount is retroactive to the delivery date if payment is not made in the prescribed amount of time. Purchaser agrees to pay the cost of collection on past due invoices, reasonable court costs and attorney's fees as a result of any legal action taken to collect on overdue invoices.

Title of goods sold

The title and right of possession of the goods sold shall remain with WaDaYaNeed?™, LLC and such goods shall remain personal property until all payments (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and the Purchaser agrees to do all acts necessary to perfect and maintain such right and title with WaDaYaNeed?™, LLC.