Terms of Service

The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you” or “your”) and Active Source Lab LLC, a New York limited liability company, that governs all use by you of the www.activesourcelab.com website (the “Site”) and the services available at the Site (such services together with use of the Site, the “Services”). We’ll refer to Active Source Lab LLC and all of its subsidiaries and affiliated companies collectively as “Active Source Lab”, “we”, “our” or “us”. Active Source Lab is a print-on-demand company for businesses. Active Source Lab sources, prints and ships products (“Products”) to you for you to sell to your customers.

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies including, without limitation, our Privacy Policy. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or any other Services.

SECTION 15 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 15.

Access & Use

Summary: You’re fully responsible for your account and the use of our Services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel or refuse service at any time.

You may opt out of marketing and promotional activities, including emails. You may never use another user’s Active Source Lab account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Active Source Lab immediately of any breach of security or unauthorized use of your account. Although Active Source Lab will not be liable for your and your customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of Active Source Lab and others due to such unauthorized use.

If you are an individual (rather than an organization or entity), then you certify to Active Source Lab that you are at least 18 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services.

If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel or refuse service at any time. Active Source Lab may also impose limits on certain features and Services or restrict the user’s access to parts or all of the Services without notice or liability.

Modifications

Summary: We reserve the right to modify our terms, services and fees. Please review changes to our terms by checking the Site.

Active Source Lab reserves the right to modify this Agreement and its terms and/or change, suspend or discontinue the Services, Products, fees, charges or other terms at any time. All such modifications will become effective immediately after Active Source Lab posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications. Use of the Site and other Services by you after Active Source Lab posts the modifications on the Site constitutes your acceptance of such modified terms. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services.

Content

Summary: Active Source Lab respects intellectual property rights and requires you to do the same. Anything that you upload will remain yours, and you are responsible for it.

All content (including all information, images, pictures, data, text, photographs, graphics, messages and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use using our Services must be owned by you, and will remain owned by you. We do not claim any ownership in it.

Your Responsibility for the Content

You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to use it on your Products produced by Active Source Lab.

Rights You Grant Active Source Lab

By posting your Content, you grant Active Source Lab a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of your Content to provide the Services and to promote Active Source Lab or the Services in general.

Use of Services

Summary: By using Active Source Lab, you agree to use our services in accordance with this Agreement.

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services, platforms and integrations subject to the terms of this Agreement.

• Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services.
• You agree not to interfere with or try to disrupt our Services.
• Follow Brand Guidelines. Except as expressly provided in this Agreement, Active Source Lab does not grant you any rights to use its trademarks.

Content and Services

Summary: We provide the best service we can on an “as is” basis.

Our Site may contain links to third-party websites or services that we don’t own or control. You access these at your own risk.

You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied).

Limited Warranty on Products

Summary: Please read this section very carefully—it covers our obligations for Active Source Lab products. If your order contains materially defective or damaged Products, you may be eligible for a replacement or refund.

Limited Warranty: We warrant that, at the time of delivery of a Product to you, the Product will not be materially defective or damaged.

What Is The Period Of Coverage? This limited warranty starts on the date of delivery and lasts for thirty (30) days.

What Are Your Remedies? With respect to any materially defective or damaged Product, we will, in our sole discretion, either replace such Product or refund the purchase price paid.

Payments and Fees

Summary: To pay for any Active Source Lab Products or services, you will need a valid payment method.

When you order a Product, you agree to pay the prices and fees in effect at the time the order is placed. Payment of the total price plus delivery must be made in full before the dispatch of your Products.

Taxes

Summary: You are responsible for collecting and paying any applicable sales taxes to your local taxing authority.

You are required to provide us with a valid exemption certificate such as a Resale Certificate prior to placing your first order. Unless and until you provide us with a valid exemption certificate, sales tax will be automatically calculated and added.

Shipping and Returns

Summary: All items we create are made to order, so we do not accept returns or exchanges for any reason (other than material damage or defect).

Shipping: Once you have confirmed your order, it might not be possible to edit or cancel it. The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier.

Returns: We do not accept returns or exchanges for any reason, other than replacement of materially damaged or defective items. Any claims for damaged or defective items must be submitted within 30 days after the Product has been received.

Description of Products

We always try to represent each design as accurately as possible. We cannot guarantee that colors and details in website images are completely accurate representations of the product.

Delivery

Delivery prices are additional to the Product’s price. Ownership of the Products will only pass to you after we receive full payment of all sums due and deliver the Products to the carrier.

Indemnity

To the fullest extent permitted by law you will defend, indemnify, and hold Active Source Lab and its affiliates harmless from any claim or demand made by any third party relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, or (d) your violation of any law.

Governing Law

This Agreement and all disputes and claims arising out of or in connection with this Agreement are governed by the laws of the State of New York.

Arbitration and Jury Trial Waiver

“Disputes” means all disputes and claims arising out of or in connection with this Agreement. All Disputes shall be finally settled by final and binding arbitration administered by the American Arbitration Association.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ACTIVE SOURCE LAB KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION.

Privacy and Personal Data Processing

Active Source Lab collects your personal data to provide our Services. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

General

If you have any questions about this Agreement, please email us at support@activesourcelab.com.