Terms of Use and Sale

These Terms of Use and Sale ("Terms") are a binding agreement between you and Total Promotion Company LLC, a Nevada limited liability company ("TPC," "we," "us," or "our"). They govern your access to websites, storefronts, design tools, quote systems, accounts, and other services that link to these Terms (the "Services"), as well as quotes and orders placed through the Services.

By accessing the Services, you agree to the website-use provisions. By creating an account, submitting a quote or artwork, approving a proof, or placing an order through an affirmative clickwrap control, you agree to the provisions relevant to that action. TPC preserves the accepted version, timestamp, and reproducible acceptance record. If you act for a company or organization, you represent that you have authority to bind it. If you do not agree, do not use the Services.

1. Eligibility and accounts

You must be able to form a binding contract and use the Services lawfully. Information you provide must be accurate and current. You are responsible for safeguarding account credentials and for activity under your account. Notify us promptly of suspected unauthorized access. We may require verification and may suspend access to protect the account or Services.

2. Permitted use

TPC grants you a limited, revocable, nonexclusive, nontransferable right to use the Services for lawful personal or business purchasing purposes. You may not:

• violate law or another person's intellectual-property, privacy, publicity, or other rights;
• submit unlawful, fraudulent, threatening, hateful, defamatory, obscene, exploitative, or deceptive material;
• introduce malware, interfere with security or operation, scrape or harvest data without permission, or attempt unauthorized access;
• impersonate another person, misrepresent authorization, or use the Services to facilitate fraud;
• copy, frame, sell, reverse engineer, or commercially exploit the Services except as law permits; or
• use TPC names, logos, content, or systems in a way that suggests sponsorship or authorization without written permission.

3. Product information and availability

We try to describe products accurately, but screen colors, samples, photographs, measurements, materials, dye lots, decoration results, and product details can vary. Promotional-product supply and pricing can change. Products, colors, sizes, inventory, and decoration methods are subject to availability. We may correct errors, update information, limit quantities, substitute only with your approval when the change is material, or decline an order before acceptance.

4. Quotes and order acceptance

A quote is an estimate based on the information then available and expires on the date shown or, if no date is shown, after 30 days. Taxes, freight, rush charges, artwork work, special handling, and changes may affect the total. Submitting an order is an offer to purchase. TPC accepts it only when we issue written acceptance or begin authorized production. An automated acknowledgment is not necessarily acceptance.

You are responsible for reviewing the product, quantity, sizes, colors, delivery information, pricing, and other order details before approval.

5. Artwork, proofs, and customer content

You retain ownership of artwork and other content you submit. You grant TPC the limited permissions described in the Intellectual Property and Content Policy to prepare quotes and proofs, produce and fulfill your order, provide support, and maintain necessary transaction records.

You represent that you own or have permission to use and reproduce submitted content and that TPC's authorized use will not violate another person's rights or law. We may request evidence of authorization, reject content, or pause/cancel work if ownership, legality, safety, or acceptability is reasonably in doubt.

You must carefully review each proof. Approval confirms spelling, layout, artwork, names, numbers, sizes, colors, placement, and other details reasonably reviewable in the proof. TPC is not responsible for an error visible in an approved proof, except to the extent caused by a later production deviation, wrong product, undisclosed substitution, or hidden production defect. Colors displayed on a screen or printed proof may not exactly match production materials.

6. Production tolerances

Customized products may have reasonable variations customary to the product and decoration method, including color, position, dimensions, ink or thread appearance, and manufacturing lot. Exact color matching is not guaranteed unless expressly agreed in writing. Industry-standard quantity variance may apply only if disclosed in the quote or order before acceptance; TPC will not silently impose an undisclosed overrun charge.

7. Pricing, payment, taxes, and fraud review

Prices are stated in U.S. dollars unless specified otherwise. You authorize the displayed or quoted charges, applicable tax, shipping, and approved additional charges. Payment timing is stated in the quote or checkout. Payment providers may impose separate terms. You are responsible for taxes and duties unless TPC is legally required to collect them or a valid exemption is accepted.

We may correct an obvious pricing error before production and give you the choice to approve the corrected price or cancel for a refund of amounts paid for the affected item. Orders may be held for payment verification, suspected fraud, sanctions screening, or account concerns.

8. Changes and cancellations

The production commitment point is final proof approval followed by TPC's documented release to production, or a separately disclosed and customer-authorized purchase of identified nonreturnable custom materials. Contact us immediately if you need to change or cancel. Before commitment, TPC may charge only disclosed, documented, completed, or nonrecoverable costs. After commitment, TPC may reject cancellation, but it will use reasonable efforts to mitigate and will credit avoided costs. The separate Returns, Reprints, and Cancellations Policy is incorporated into these Terms.

9. Shipping and delivery

Production and delivery dates are estimates unless TPC expressly guarantees a date in writing on a reasonable basis. Timelines generally begin after required payment, final artwork, proof approval, and other requested information are received. TPC will provide any legally required delay notice, choice, consent, or refund. Risk of loss and title pass as stated in the applicable order and controlling law. The Shipping and Delivery Policy is incorporated into these Terms.

10. Returns, reprints, and refunds

Custom products are generally not resalable and are not returnable merely because needs or preferences change. If TPC produces an order materially differently from the approved specifications, or goods arrive damaged or materially defective, notify us promptly under the Returns, Reprints, and Cancellations Policy. Available remedies and exclusions are stated there.

11. Reviews and feedback

Reviews must reflect an honest experience and comply with law and the Content Policy. These Terms do not prohibit or penalize a lawful, honest review. TPC may moderate content for reasons unrelated to viewpoint, including privacy, confidential information, infringement, harassment, spam, illegality, or irrelevance.

If TPC offers an incentive for a review, the incentive will be disclosed and will not be conditioned on a positive rating or favorable sentiment. Moderation rules will be applied neutrally.

If you voluntarily provide ideas or general feedback that is not customer artwork or confidential information, you grant TPC a nonexclusive, worldwide, royalty-free license to use it to improve our business. This does not authorize public marketing use of your name, logo, artwork, testimonial, or order without separate permission.

12. TPC intellectual property

The Services, including TPC-created text, graphics, software, site design, catalogs, trademarks, and other content, are owned by TPC or its licensors and protected by law. No ownership or trademark license is granted except the limited right to use the Services under these Terms. Third-party product names and marks belong to their respective owners.

13. Third-party services

The Services may include links, payment options, embedded tools, or content provided by third parties. TPC does not control their independent terms, availability, security, or practices. Your use of them may be subject to separate terms.

14. Privacy

Our Privacy Policy describes how we handle personal information. It is not a blanket or irrevocable consent to any practice. Where law requires consent, we will request it separately.

15. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TPC DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES. THIS DISCLAIMER DOES NOT ELIMINATE ANY EXPRESS PRODUCT COMMITMENT IN AN ACCEPTED ORDER OR ANY WARRANTY OR RIGHT THAT CANNOT LAWFULLY BE DISCLAIMED.

TPC does not promise uninterrupted or error-free website access. Samples, mockups, and screen displays are illustrative and subject to the approved order and customary production variation.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TPC AND ITS MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM THE SERVICES OR AN ORDER, EVEN IF ADVISED OF THE POSSIBILITY.

TPC'S AGGREGATE LIABILITY ARISING FROM A PARTICULAR ORDER WILL NOT EXCEED THE AMOUNT PAID TO TPC FOR THE AFFECTED ORDER. FOR QUALIFYING CLAIMS UNRELATED TO AN ORDER, TPC'S AGGREGATE LIABILITY WILL NOT EXCEED $100. THESE LIMITS DO NOT APPLY TO FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE WHERE NONWAIVABLE, BODILY INJURY, TPC'S INFRINGEMENT, CONFIDENTIALITY OR DATA-SECURITY BREACHES, PROMISED REFUNDS OR REPLACEMENTS, OR ANY LIABILITY THAT APPLICABLE LAW PROHIBITS TPC FROM LIMITING. THE LIMITS APPLY ONLY TO THE EXTENT THEY LEAVE AN ADEQUATE LAWFUL REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITS, SO THEY MAY NOT APPLY TO YOU.

17. Indemnification

To the extent permitted by law, you will defend and indemnify TPC and its personnel against third-party claims, damages, and reasonable costs arising from content you submit, your breach of your representations or these Terms, or your unlawful misuse of the Services. TPC will provide reasonable notice and may control the defense. This section does not require a consumer to indemnify TPC for TPC's own wrongdoing.

18. Events beyond reasonable control

TPC is not liable for delay or failure caused by events beyond reasonable control, including supplier disruption, carrier delay, labor dispute, severe weather, fire, disaster, epidemic, utility or network failure, government action, or similar event. We will use commercially reasonable efforts to communicate material delays and mitigate their effects.

19. Suspension and termination

We may restrict or terminate access, or reject or cancel an order, for a material breach, suspected fraud, infringement, threats to safety or systems, nonpayment, unlawful content, or legal necessity. Where reasonable, we will notify you and refund amounts paid for unperformed work, less authorized and nonrecoverable costs, unless law or your breach permits otherwise.

20. Governing law and disputes

These Terms are governed by Nevada law, without regard to conflict-of-law principles. Any court proceeding must be brought in the state or federal courts located in Clark County, Nevada, and each party consents to their jurisdiction. Before filing, the parties will make a good-faith effort for 30 days to resolve the dispute through written notice, unless urgent injunctive relief or a filing deadline requires earlier action.

Nothing in these Terms deprives a consumer of nonwaivable protections of the law of the consumer's residence. These Terms do not require arbitration or waive participation in a class action. Any future change to those provisions will be presented conspicuously and will require any assent required by law.

21. General terms

These Terms, an accepted quote/order, and incorporated policies are the agreement for the relevant transaction. Order-specific written terms control over these Terms for a direct conflict. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains effective. Failure to enforce is not a waiver. You may not assign an order without consent; TPC may assign these Terms in a corporate transaction or to an affiliate that assumes the obligations. Headings are for convenience.

22. Changes

We may update these Terms prospectively by posting a revised version and effective date. Material changes will not retroactively alter an accepted order unless agreed or required by law. Continued use after the effective date constitutes acceptance for future use, but changes requiring affirmative consent will be presented separately.

23. Contact

Total Promotion Company LLC
2450 Chandler Avenue, Suite 20
Las Vegas, Nevada 89120
sales@totalpromotioncompany.com
702-823-5660