Before using the Making the Mark, Inc. Web Site (www.makingthemark.com), please review the following Terms and Conditions. By using the site, you agree to these Terms and Conditions.

Making the Mark, Inc., Web Site Conditions of Use Agreement

This Web Site (the "Site") is owned and operated by Making the Mark, Inc. By accessing and using this Site, you (the "User") agree to be bound by all of the provisions contained in this Conditions of Use Agreement (the "Agreement"). If User does not agree to all the provisions contained in the Agreement, User should not use this Site. Making the Mark, Inc reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Use of this Site following any such changes shall constitute User's acceptance of such changes.

THE SITE, INCLUDING BUT NOT LIMITED TO ITS INFORMATION AND SOFTWARE (the "SITE MATERIALS") IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Making the Mark, Inc. DOES NOT WARRANT THAT USE OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Making the Mark, Inc. HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SITE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Making the Mark, Inc., SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR SITE MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Making the Mark, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO USER. COPYRIGHT AND TRADEMARKS

All contents of this Site are subject to and protected by copyright law. User may not modify, distribute, transmit, display, perform, reproduce, create derivative works from, or sell in any way any Site Materials, except that User may view the Site in its present form and User may download the Site Materials provided User keeps intact all copyright and other proprietary notices. User recognizes that unauthorized use of Site Materials may subject User to criminal liability under copyright and other federal and state laws. User understands that misuse or abuse of Making the Mark, Inc.'s Site may result in User being denied access to Site. The names " Making the Mark, Inc." and its logos, service marks, and trademarks, are owned exclusively by Making the Mark, Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Lead, Proposition 65 and Warning Labels

Making the Mark, Inc. works exclusively with suppliers who decorate products using materials that comply with current U.S. Food & Drug Administration (FDA) guidelines for heavy metal standards. California does not recognize the Federal standards, choosing to enforce its own standards as defined in The Safe Drinking Water and Toxic Enforcement Act of 1986 - often referred to as Proposition 65. This legislation applies only to California and does not ban any product. It simply requires either compliance with the California law or the use of individual product warning labels.

We have many products, primarily in our drink ware categories, which may require a warning label under this California law. Orders shipping directly or indirectly to California may require Proposition 65 warning labels. Additional fees may apply. If your items will be shipped to California directly or indirectly, please inform us in writing prior to your order entering production. It is the purchaser's responsibility to notify Making the Mark, Inc. in advance of shipments to California or eventual indirect shipments to California.

By way of this notification, the customer will hold Making the Mark, Inc. and our suppliers harmless from all liability for alleged Proposition 65 violations including all costs associated with defending any legal claims due to Proposition 65 violations.

For more information concerning Proposition 65, please visit:
http://www.oehha.ca.gov/prop65.html

Check Returns

In all cases where we have a check returned for Non Sufficient Funds we will assess a $40.00 fee.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Children are not eligible to use Making the Mark, Inc.'s services, and we ask that minors not submit any personal information to us. Making the Mark, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Shipping Delays

Customer agrees that it will not hold Making the Mark, Inc. accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall Making the Mark, Inc. be liable for any consequential or special damages arising from any delay in delivery.

Product Descriptions

Making the Mark, Inc. and its affiliates attempt to be as accurate as possible. However, Making the Mark, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

Product Color

Product photos are not guaranteed to be color accurate. If a specific product color is important, please request a product sample before ordering. Charges may apply. Requesting a sample when placing your order will likely delay production time.

Product Quality

We strive to sell only high-quality products. We guarantee our products against defects in production. A less expensive product should not be compared to the quality of a more expensive product. If you have concerns about the potential quality of a product, please request a sample prior to ordering. Charges may apply. Requesting a sample when placing your order will likely delay production time. If you are unhappy with the quality of the product you have received, please contact our Claims Department. We may need samples of your product so that we can determine if the product suffered a defect during production.

Illegal Matter

Making the Mark, Inc. shall not be required to print any matter which in his opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party.

Making the Mark, Inc shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libelous or such an infringement.

Price Guarantee

If within 15 days of ordering an item from our site you find the exact same item on a different distributor's web site, send us a link to that item from a competitor's site and we will credit your account with double the difference including all set-up charges and freight. PLEASE NOTE, that we do not inflate our set-up, color match, run charges, additional color charges or shipping fees like many other companies do to pretend you are getting a better "deal". We guarantee your total cost to be less not just the per item costs.

Claims and Returns

Advise of damage, delays or partial loss of goods in transit or of non-delivery must be given in writing to Making the Mark, Inc. and the carrier within three days of delivery (or, in the case of non-delivery, within 28 days of notification of dispatch of the goods).

All Sales are final. Products are not eligible for return unless there's a defect in quality or production.

Errors in printing must be made in writing to Making the Mark, Inc. within 20 days of delivery. Making the Mark, Inc. may request samples to verify any errors made during printing. Shipping of samples will be the customer's obligation. Send samples to:

Making the Mark, Inc.
Quality Control 12120 State Line Rd. #376. Leawood, KS 66209

Making the Mark, Inc. shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

Liability

Making the Mark, Inc. shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of the Making the Mark, Inc.'s negligence or otherwise.

Insofar as is permitted by law where work is defective for any reason, including negligence, Making the Mark, Inc.'s liability (if any) shall be limited to rectifying such defect. Where the Making the Mark, Inc. performs its obligations to rectify defective work under this condition, the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.

Electronic Files

It is the customer's responsibility to maintain a copy of any original electronic file.

Proofs

Proofs of all work may be submitted for customer's approval upon request and the Making the Mark, Inc. shall incur no liability for errors not corrected by the customer. Depending on plant times and production schedules, the first day of production may be the next business day following artwork approval.

Color Proofs

Due to differences in equipment, monitors, paper, inks and other conditions between color proofing and production runs, a reasonable variation in color between color proofs and the completed job will be deemed acceptable. With certain products we are not able to guarantee exact color matches even when printing specific colors.

Imprint Colors and Surface Colors

We cannot guarantee exact matches among imprint colors and surface colors. For example, colors will vary depending on what type of product it is printed on, the color of the product, and the printing process that is used. With most products, printing within one or two shades of a specific color is deemed industry standard. Surface colors may vary as well. We work for as much consistency as possible, but there will be color shifts during production runs, and between separate production runs.

Color Registration and Imprint Location

When printing more than one color, there are some considerations to keep in mind. Some print methods do a better job than others of "registering" or aligning the imprint colors to each other. Promotional products are printed in a variety of ways, such as pad printed, screen printed, or by letterpress. With any of these methods imprint colors can move as much as 1/16" in position as compared with other imprint colors. Some products, such as balloons and plastic bags, may even require a significant gap between imprint colors.

Often we can help compensate by "trapping" or "overprinting" the imprint colors.

A "trap" is when Making the Mark, Inc. spreads a color so that the different colors overlap just a bit. That way if one color moves during printing, you don't end up with the surface color showing through.

Another method used to compensate for color registration is to "overprint". Often the darker color can be printed right over the top of the lighter color, avoiding registration issues.

Where the colors overlap you may notice some color variations in the imprint colors. Some colors are less noticeable. Some may be quite noticeable.

There's no way to exactly "butt" the colors up to each other and guarantee perfect color registration. The amount of trapping and overprinting required by any specific product varies. If you have questions or concerns, please contact our Art Department about your specific art and product ordered.

Taxes and Duties

Making the Mark, Inc. is required by law to collect all applicable sales taxes for the state, counties and cities of Kansas. Companies, individuals and organizations who are exempt from sales tax should provide us with their resale certificate by fax to 866-502-4686. Purchaser is responsible for self-assessing any applicable sales or use taxes that may apply to this sale for your state. Purchaser is also responsible for all taxes and duties for international shipments.

Site Pricing

We reserve the right to change prices on the Site at any time.

Submissions

Any communication or material other than your personal information submitted to this Site by electronic mail is the exclusive property of Making the Mark, Inc. and is considered to be non-confidential and non-proprietary. Such a communication may include without limitation questions, comments, suggestions and ideas. Making the Mark, Inc. shall be free to use them for any purposes whatsoever without restriction or compensation.

Variations In Quantity

Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5-10 percent depending on the product as shown on our site.

Questions

You can direct any questions regarding these Terms of Use to:
sales@makingthemark.com

Governing Law

You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Kansas. These Terms of Use and your relationship with Making the Mark, Inc. shall be governed by U.S. federal law or the internal laws of the State of Kansas. Any failure by Making the Mark, Inc. to exercise any of its rights hereunder will not constitute a waiver of such right.