Terms & Conditions

1. Acceptance of Terms

By accessing or using this Site and its related software tools, applications or any other Online Labels, LLC service, you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. If your use of this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Online Labels, LLC reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

3. Site Content

The Site and its contents are intended solely for the use of Online Labels, LLC Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, other than content developed or posted by User ("User Content") including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, audio and video, and animations ("Content") are the property of Online Labels, LLC and/or third parties and are protected by United States and international copyright laws. As between you and Online Labels, LLC, however, you own and retain sole and exclusive right, title and interest in and to all of your User Content. All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any User Content) are proprietary to Online Labels, LLC and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. Except in the event that you purchase rights to Content displayed for sale on the Site, you may download or copy the Content, and other items displayed on the Site for download, for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Downloading, copying, or storing any Content (other than User Content) for other than personal, noncommercial use is expressly prohibited without prior written permission from Online Labels, LLC, or from the copyright holder identified in such Content's copyright notice.

You represent, warrant and agree that you will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to post it, (c) infringes any intellectual property right of another or on the privacy or publicity rights of another, (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information , or (f) remains posted after you have been notified that such User Content violates any of sections (a) to (e) of this sentence.

Online Labels, LLC reserves the right to remove any User Content from the Site, suspend or terminate your right to use the Services at any time at its discretion, or pursue any other remedy or relief available to Online Labels, LLC and/or the Site under equity or law for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Online Labels, LLC is concerned that you may have breached the immediately preceding sentence ). You are responsible for all Content posted or developed under your username, including Content contributed by a third party whom you have authorized to post Content under your username (whether in the form of artwork, comments to a forum, or any other form). If you believe User Content residing on the Site infringes a copyright, please see our Copyright Policy.

Any comments, suggestions, or feedback relating to the Site or the Services (collectively "Feedback") submitted to Online Labels, LLC shall become the property of Online Labels, LLC or its designee. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

5. THIRD-PARTY WEBSITES

Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of Online Labels, LLC or the Site. Unless explicitly otherwise provided, neither Online Labels, LLC nor the Site make any representation or warranty whatsoever about any third-party site that is linked to the Site, or endorse the products or services offered on such site. Online Labels, LLC and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third-party sites if you export User Content onto them. You hereby irrevocably waive any claim against the Site or Online Labels, LLC with respect to such sites and third-party content.

7. DESIGNER MARKETPLACE TERMS & CONDITIONS

The Designer Marketplace provides an online platform that helps connect customers who wish to purchase designs ("Customers") and designers who wish to provide such designs ("Designers"). "User" means any user of the Site or Service, and may be a Designer or a Customer. If you as a customer commit to purchasing a design from a designer you are responsible for all transactions and dealings with said designer. It is up to you as a customer to research the designer to ensure legitimacy and quality of work. If as a customer you commit to working with a designer you are fully responsible for any agreements made for services rendered. By agreeing to these terms as a user you accept that Online Labels, LLC is in no way liable for any interactions, transactions or information exchanged between users. By posting a job, the user gives Online Labels, LLC permission to give out their email to the specified designers. If, as a designer you commit to fulfilling a job posting for a customer you are responsible for all content and dealings with said customer and any agreements made. Accepting a job posting gives Online Labels, LLC permission to give out your email address to the customer. The designer is responsible for any content posted or sold and Online Labels, LLC has the right to remove any content without notification. If any content that is displayed or sold to a customer is copyrighted or licensed to anyone other than the designer, the designer is liable for any copyright or trademark infringements. Online Labels, LLC is in no way involved in the transactions between the designers and customers or any promises made between said users.

9. GENERATOR TOOLS

While using any of our label generator tools, you agree that you are responsible for all content provided. It is up to you to research the accuracy of the tool to ensure legitimacy and quality. By agreeing to these terms as a user, you accept that Online Labels, LLC is in no way liable for any problems or legal action that arises from the use of our site-generated images or documents.

11. MAESTRO LABEL DESIGNER FONT FINDER EXTENSION

The free plug-in helps customers who wish to use fonts installed on their personal computer access such fonts within Maestro Label Designer. In using the plug-in, you agree to the terms and conditions put forth by the operating web store. You also acknowledge and accept that Online Labels, LLC is in no way liable for any copyright, trademark, or licensing infringements.

We reserve the right to discontinue or suspend the extension, place limitations on it, or institute other changes.

13. SMS TEXT MESSAGING

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a "Text Message") sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying "STOP" to any Text Message you receive from us. For help, reply "HELP" to any Text Message you receive from us or submit a support ticket. In addition to any fee of which you are notified, your mobile provider's message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "AS IS" basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider's name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.

15. PRIVACY

Please review our Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.

17. WARRANTY DISCLAIMER

THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ONLINE LABELS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, INCLUDING ANY REPRESENTATION OR WARRANTY THAT THE USE OF THE SITE OR SERVICES WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED, (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT ALLOWED BY LAW, ONLINE LABELS, LLC DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT ONLINE LABELS, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE INCLUDING BUT NOT LIMITED TO DOWNLOADS OF CONTENT POSTED BY USERS WITHOUT PAYMENT IN VIOLATION OF THESE TERMS AND CONDITIONS; (3) AUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SITE; AND (6) AUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF POSTED CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ALTHOUGH ONLINE LABELS, LLC AND THE SITE WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE MATERIAL RESIDING ON THE SITE, NEITHER ONLINE LABELS, LLC NOR THE SITE IS RESPONSIBLE OR LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT OR OTHER MATERIALS YOU TRANSMIT OR ARCHIVE ON THE SITE.

19. ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ONLINE LABELS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

The parties agree that in the event of any all dispute, claim, suit, or controversy arising out of or in any way connected with these Terms and the use of the Service (collectively, "Disputes"), the parties shall participate in a non-binding mediation in a good faith attempt to resolve the Dispute. The parties shall split mediation costs and each party shall bear its own attorney's fees for the mediation. The mediation shall be held in Florida.

Binding Arbitration. In the event non-binding mediation does not resolve the Dispute, the Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in Florida.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Florida for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Arbitration Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

21. MISCELLANEOUS

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you, the Site and Online Labels, LLC with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Online Labels, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Online Labels, LLC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Online Labels, LLC's prior written consent. Online Labels, LLC may assign this Agreement in whole or in part at any time without your consent.

This agreement shall be governed by and construed in accordance with the laws of Florida without regard to the conflict of law's provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Online Labels, LLC in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Online Labels, LLC 2021 E. Lake Mary Blvd., Sanford, Florida 32773 USA, Attn: Legal Department.