TERMS of USE

Freehand Graphics, Inc. provides this web site licensing.solutionsforscreenprinters.com (the “Site”) for use as a Freehand customer (“End User”). By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. Freehand may change these Terms of Use from time to time, at Freehand’s sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Periodically visit the Site to review the current version of these Terms of Use.

GENERAL PROVISIONS

Use of Software and information provided on the Site

You acknowledge that Freehand reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice. Generally, all information or materials contained on the Site (including but not limited to all graphics, images, video clips, audio, video, or other types of content) (“Site Information”) is the property of Freehand and/or its suppliers or licensees.

Unless otherwise noted in a particular document, Freehand hereby authorizes you to electronically copy or print in hard copy any document published by Freehand on this Site solely for your internal reference purposes within your organization. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein. Any other use of information provided by Freehand without prior written approval from Freehand or the appropriate supplier or licensor is strictly prohibited.

Certain documents published on the Site may contain other restrictions, proprietary notices and/or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Freehand, its suppliers or licensors, or any other third party.

Any software available to download from the Site or gain access for use is the copyrighted work of Freehand and/or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software (“License Agreement”). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement. Any links to other sites are provided solely for your convenience. Such sites are not under the control of Freehand, and Freehand is not responsible for their content, any changes or updates to them, nor the collection of any personal data or information by the operators of such sites.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

DATA and USER PRIVACY Information

In general, people may visit a portion of the Site while remaining relatively anonymous and not revealing any detailed personal information. Use of any services offered on this site requires registration and account set up.

Freehand may use “cookie” technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can use any of the services provided on this Site.

Freehand does not, without your consent, provide to third-parties any information you have submitted to this Site that identifies you personally, with the exception of certain information to a third-party software vendor (publisher or distributor) using Freehand copy protection (“Vendor”). For support purposes, Vendors of your licenses have the ability to query your account and see the User ID you chose at registration (“User ID”), your email address, and their respective licenses in your account. Please contact the applicable Vendor for specific information about their privacy and terms of use policies as these are beyond the direct control of Freehand.

It is important that you provide and maintain a valid email address so that support issues, including questions regarding the use of licenses, can be quickly resolved.

SITE REGISTRATION and USER ID

By creating an Account you are agreeing to allow Freehand and Vendors of licenses to know your account User ID and email address, and to see those licenses that you have from a particular Vendor. Vendors will only be provided access to enable them to determine which licenses for their products reside on your Account, but not any other product licenses you might have from other Vendors.

If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, exempt from the Privacy Policy.

Freehand intends to cooperate with any order or request from law enforcement officials or a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to freehand or on the Site.

USER FEEDBACK

Except for Posted Information or personal information, if you transmit to or otherwise provide to Freehand any feedback (such as questions, comments, suggestions, or the like) or data or materials (“User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. Freehand shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Freehand, you are deemed to grant to Freehand a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense, utilize, incorporate or otherwise use) any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.

You are prohibited from posting or transmitting to the Site or Freehand any unsolicited chain letters or “spam”, or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, Freehand will have no liability related to the content of any such communications.

Except where such information qualifies as Posted Information, you may not post or transmit to the Site any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.

You are also prohibited from impersonating any individual. A member account or profile must be opened using real names and you hereby agree that all other requested information shall be true, accurate and complete in all respects.

Failure to adhere to any of the Terms of Use in this Agreement may result in message and/or Posted Information being blocked, inactivated or deleted from the Site and possible lockout. Freehand reserves the right to take actions it deems necessary or appropriate to protect the Site and its content.

VIOLATION of TERMS of USE

You acknowledge that Freehand has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Freehand, interfere with any other user’s access or use of the Site, or if Freehand decides that your use is otherwise detrimental to Freehand, the Site, or Freehand’s suppliers, licensors or Vendors. If you believe that someone has violated these Terms of Use, you may contact Freehand at sales@solutionsforscreenprinters.com. Freehand may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Freehand does not have any obligation or liability to you for the performance or nonperformance of those services or activities.

SERVICES

Freehand may, from time to time, offer through the Site certain services that may be subject to their own specific terms and conditions (“Service Terms and Conditions”). In the event of any conflict between those Service Terms and Conditions and these Terms of Use, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Site service.

GENERAL

These Terms of Use are governed by the laws of the State of New York, without regard to any conflict of law provisions which may otherwise cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of New York in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of Freehand to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

DISCLAIMERS, LIMITATIONS, EXCLUSIONS, INDEMNIFICATION

DISCLAIMERS:

THE SITE IS PROVIDED BY FREEHAND “AS IS” AND WITH ALL FAULTS. FREEHAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, FREEHAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREEHAND SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. FREEHAND DISCLAIMS ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, NO WARRANTY OF ANY KIND OR NATURE IS MADE OR GIVEN BY FREEHAND THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER OR RELATED EQUIPMENT OR ANY OTHER PROPERTY, OR THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FREEHAND SPECIFICALLY INFORMS YOU THAT FREEHAND MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

EXCLUSION of DAMAGES and LIMITATION of LIABILITY:

UNDER NO CIRCUMSTANCES SHALL FREEHAND OR ITS SUPPLIERS, LICENSORS, OR VENDORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FROM THE LOSS OF DATA, LOSS OF USE OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE), EVEN IF FREEHAND, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES. DUE TO THE FACT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF FREEHANDE AND ITS SUPPLIERS, LICENSORS AND VENDORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION:

You agree to indemnify, hold harmless, and defend Freehand, its suppliers, officers, employees, agents, contractors, and Vendors (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damage, expense, or cost (including but not limited to attorneys’ fees and costs), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

SERVICE TERMS and CONDITIONS:

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website (Site), including sales, any support incident purchased on the Site, and services, all of which terms are made a part of the Terms and of Use by this reference. As used in these terms and conditions, the term “Product” shall mean any available hard goods, excluding licenses, and Freehand services. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Freehand’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter, modify or supersede such agreements.

Freehand may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Freehand makes no commitment to update the materials on the Site with respect to such products and services.

All Sales are final. No refunds will be given or exchanges unless an RMA is submitted and approved by Freehand.

PURCHASES and ELECTRONIC LICENSE USE or DOWNLOADS

Using a valid Freehand Account, you can select products to License. At the time of checkout, we will obtain an authorization from the credit card you have provided. Once credit card authorization has been received, you will receive an email indicating the details of your purchase.

PAYMENT and CREDIT CARD INFORMATION

You may pay by credit card. At the time your order is placed, Freehand obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships. Freehand may require the credit card security code for your card for any online purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa or MasterCard). Asking for and confirming your credit card’s security code helps validate that you – and only you – are in the possession of your credit card and protects you from unauthorized use of your account.

Freehand is committed to handling your customer information with high standards of information security. Your credit card and bank account information are not stored by Freehand but is passed to a PCI/DSS and GDPR compliant service in a secure manner for validation and completion of the sale. Business records are kept for a reasonable period of time to be compliant with tax laws. We restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards to guard your nonpublic personal information. We test our security systems regularly.

The security of your Account also relies on your protection of your password. You may not share your password with anyone. Freehand will never ask you to send your password or other sensitive information to us in an e-mail, though we may ask you to enter this type of information on the licensing.solutionsforscreenprinters.com website.

If you do share your password with a third-party for any reason, including because the third-party has promised to provide you additional services such as account aggregation, the third-party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately by logging in to your Account at and changing your Profile settings.

Purchases will include sales tax based where applicable. Only transactions in New York, New Jersey and Connecticut will include sales tax. The proof of purchase that Freehand mails to you will include any applicable sales tax.

The Site offers you prices on current Freehand products and services. All prices are in US Dollars. Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping charges. Freehand reserves the right to change prices for products displayed on the Site at any time.

WARRANTY:

Freehand warrants the Product to be substantially free from significant defects in materials and workmanship under normal use for a period of twelve (12) months for 1st Generation Product or twenty-four (24) months for 2nd Generation or later Product from the date of delivery of the Product to you directly from Freehand. In the event of a claim under this warranty, Freehand’s sole obligation is to replace or repair, at Freehand’s option after analysis of the Return Merchandise Authorization (RMA) product, any Product free of charge. Any replaced parts shall become Freehand’s property. Freehand shall, in its sole and absolute discretion, make all determinations with respect to the cause of any Product failure and its decision regarding warranty coverage shall be final, binding and conclusive for all purposes.

This non-transferable, limited warranty applies only to you, the first end-user purchaser. The warranty begins on the date of purchase and terminates upon expiration of the warranty period, subject to any failure of the Product as a result of one or more of the following, which shall automatically void the warranty without regard to expiration of the warranty period:

• ACCIDENT, MISUSE, NEGLECT, ABUSE OR FAILURE AND/OR INABILITY TO FOLLOW THE WRITTEN INSTRUCTIONS PROVIDED;
• BY THE USE OF PARTS NOT MANUFACTURED OR SOLD BY FREEHAND;
• BY ANY MODIFICATION OF THE PRODUCT;
• AS A RESULT OF SERVICE, ALTERATION OR REPAIR BY ANY PERSON OR ENTITY OTHER THAN FREEHAND. THIS WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR.

NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, HAS BEEN OR WILL BE MADE BY OR ON BEHALF OF FREEHAND OR BY OPERATION OF LAW WITH RESPECT TO THE PRODUCT OR ITS INSTALLATION, USE, OPERATION, REPLACEMENT OR REPAIR.

Except as stated above, there is NO OTHER WARRANTY, REPRESENTATION, OR CONDITION REGARDING FREEHAND’S PRODUCTS, SERVICES, OR PERFORMANCE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Freehand is not responsible for any delays beyond its control. Freehand’s entire liability for damages to you or any other party for any cause whatsoever, whether in contract or in tort, including negligence or any other cause of action, shall in no event exceed the greater of (i) the price you paid for the Product or (ii) the price you paid for the Freehand services, which caused the damages or that are the subject matter of, or are directly related to, the cause or causes of action. In no event will Freehand be liable for any damages caused by your failure to perform your obligations, or for any loss of data, profits, savings, or any other consequential and incidental damages, or for any claims by you based on any third-party claim.

Freehand has the exclusive right to replace licenses. The Site will indicate which products are enabled for selected services and Transfer of Ownership. Each specific vendor can provide exact details on the services available with their products. Transfer of ownership does not imply nor guarantee transfer of support services. Please contact the vendor of the software you are using for specific support information.

OTHER TERMS AND CONDITIONS

Freehand is not responsible for typographic errors. Freehand reserves the right to change the Terms and Conditions at any time. All sales are governed by New York State law, without giving effect to its conflict of law provisions. No Freehand employee or agent has the authority to vary any of Freehand’s policies or the Terms and Conditions governing any sale

Freehand offers no money back guarantee for any Downtime of Services nor does Freehand guaranty 100% uptime of the system. Freehand will follow best business practices to ensure that the system is functional and running at all times. Occasionally the system may be offline due to maintenance or circumstances beyond the control of Freehand.

Except as stated above, there is NO OTHER WARRANTY, REPRESENTATION, OR CONDITION REGARDING FREEHAND’S PRODUCTS, SERVICES, OR PERFORMANCE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Freehand is not responsible for any delays beyond its control. Freehand’s entire liability for damages to you or any other party for any cause whatsoever, whether in contract or in tort, including negligence or any other cause of action, shall in no event exceed the greater of (i) the price you paid for the Freehand Product or (ii) the price you paid for the Freehand services, which caused the damages or that are the subject matter of, or are directly related to, the cause or causes of action. In no event will Freehand be liable for any damages caused by your failure to perform your obligations, or for any loss of data, profits, savings, or any other consequential and incidental damages, or for any claims by you based on any third-party claim.

© FREEHAND GRAPHICS, INC.
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