Terms of Use, User Agreement

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To be an authorized user of Right On! Graphics, you agree to the terms and conditions contained in this agreement.

This Agreement sets forth the terms and conditions, known as Terms, under which Right On! Graphics is available to you. By using Right On! Graphics you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate.

Right On! Graphics reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on Right On! Graphics Website. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation with Right On! Graphics. Your continued participation with Right On! Graphics following posting of a change notice or new agreement on Right On! Graphics Website will constitute binding acceptance of the changes.

Right On! Graphics' Terms are incorporated herein by this reference. As a participant you will continue to be bound by Right On! Graphics' Terms. For purposes of clarity, any disputes you may have resulting from your participation with Right On! Graphics will be subject to confidential binding arbitration in accordance with the defined section Dispute Resolution within these Terms.

Design Fees. All design fees are posted on product pages. We reserve the right to increase the design fee for intense job(s). Any such increase for intense jobs or for a custom order is quoted before start of the job(s). The customer is notified for consent prior to starting job(s).

Contact Information. You must provide Right On! Graphics with accurate and complete information for contact / mail delivery / shipping address when you order a product. If you do not provide Right On! Graphics with complete, accurate, and updated information each order, you may not receive the shipped products. If the information is incorrect and the shipping courier charges Right On! Graphics an extra fee, this fee will be incurred and paid by you, for the inaccurate supplied information, not to exceed $25 USD.

You agree and accept that emails shall be sent to you by Right On! Graphics. Due to the contentious issue of "Spam" or UCE (Unsolicited Commercial Email) ANY "Remove" or "Unsubscribe" request from any email sent by Right On! Graphics will be honored and automatically result in the removal from Right On! Graphics.

Due to the current environment of the Internet with issues of the major increase in spam, personal and ISP spam filtering, all relevant information pertaining to program participants, including policy changes will be posted, and not emailed. It remains your responsibility to be kept informed of all terms, conditions and policies of this program.

Orders. Right On! Graphics will process all orders placed by participants. Right On! Graphics reserves the right to reject orders that do not comply with any requirements that Right On! Graphics has and may periodically establish. Right On! Graphics will be responsible for all aspects of order processing and fulfillment. Among other things, Right On! Graphics will prepare order forms and handle customer service.

Customers. Customers who buy services through Right On! Graphics will be deemed to be customers. Accordingly, all of Right On! Graphics rules, policies, and operating procedures concerning customer orders and customer service sales will apply to those Customers. Right On! Graphics may change policies and operating procedures at any time. Product prices and availability may vary from time to time. Right On! Graphics will use commercially reasonable efforts to present accurate information, but Right On! Graphics cannot guarantee the availability or price of any particular service or product.

Digital Design Work. A Customer that purchases Website Graphics and gives approval of the final designs will receive a copy file via email in .gif or .jpg format. If the Customer desires to have exclusive rights to the design, they may purchase the original file for a minimum of $25 USD, not to exceed $200 USD. For purposes of clarity, a copy file is a "web-ready" RGB file, where an original file is a "print-ready" CMYK file.

Refunds. Right On! Graphics does not issue refunds because the customer approves all images.

Logo. All logos and artwork are the property of Right On! Graphics, and they may not be modified or used to misrepresent Right On! Graphics or misrepresent a customer, which the artwork was created. Customers are paying for the exclusive rights to use the approved artwork in RGB (web-ready) or CMYK (print-ready) format.

FAQs. The FAQs page of Right On! Graphics is considered part of the Terms. In the event that the Terms web page and FAQs web page conflict with each other, the Terms take precedence.

Indemnification. As you are bound by the Terms by participating with Right On! Graphics, you must indemnify, defend and hold Right On! Graphics harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms in using Right On! Graphics in accordance with the defined section within these Terms. You must also indemnify, defend, and hold Right On! Graphics harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Right On! Graphics' use of any images provided via your website, web space, or off-line advertisement(s) infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your website, including, without limitation, content therein not attributable to Right On! Graphics. Right On! Graphics may withhold any refunds that it owes you if you have to indemnify Right On! Graphics.

Notice. All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Right On! Graphics, you must use the following addresses: Right On! Graphics, 6260 Lewis Chapel Rd., Jefferson, TX, 75657. If Right On! Graphics provides notice to you, it will use the contact information provided by you to Right On! Graphics. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

Dispute Resolution. All disputes arising out of, relating to or connected with these Terms or your use of any part of Right On! Graphics will be exclusively resolved under confidential binding arbitration held in Marion County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Marion County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Marion County. By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms or your use of any part of Right On! Graphics must be asserted individually. Notwithstanding anything to the contrary in this Section, Right On! Graphics may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Miscellaneous. These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These Terms will not be assignable or transferable by you without the prior written consent of Right On! Graphics. These Terms (including all of the policies and other Agreements described in this Terms, which are hereby incorporated herein by this reference) 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. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Right On! Graphics are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.