If you supply artwork, logos, images, text, or other designs for reproduction, you represent and warrant that you own them or hold all rights, licenses, and permissions needed for Total Promotion Company ("TPC") to reproduce them in the quantities and manner you request. TPC reproduces customer-supplied artwork as a commercial decorator relying on your instructions and does not review, clear, or verify rights. To the fullest extent permitted by law, TPC will not be held liable for copyright, trademark, or other intellectual-property infringement, or for rights-of-publicity or privacy violations, arising from the reproduction of artwork you supply, and you assume all responsibility for the artwork you provide.
If TPC is named in, or made a party to, any claim, demand, action, or lawsuit arising from artwork or other content you supplied, you will defend and indemnify TPC and reimburse all legal expenses TPC incurs, including reasonable attorneys' fees, expert fees, and court costs, in addition to any damages or settlement amounts, except to the extent the claim results from TPC's independent willful misconduct or fraud. This obligation survives completion or cancellation of your order.
If you supply your own garments, goods, or other items for decoration, you do so at your own risk, and a $3 per-item handling fee applies. Decorating customer-supplied items involves inherent risks — including misprints, scorching, adhesive or pretreatment marks, needle damage, dye migration, and shrinkage — that can occur even when equipment and methods are applied correctly. To the fullest extent permitted by law, TPC is not responsible for damage to or loss of customer-supplied items, even where the damage or loss results from TPC's own process, handling, or error.
TPC does not replace customer-supplied items and does not reimburse their purchase price or retail value. Your sole and exclusive remedy for a damaged or lost customer-supplied item is a refund or credit of up to the amount you paid TPC for the decoration service performed on the affected item (for example, screen printing, embroidery, or Direct-to-Film transfer application), and TPC's aggregate liability for customer-supplied items on an order will not exceed the total decoration charges for that order. This limitation does not apply to liability that cannot be limited by law or to TPC's willful misconduct or fraud.