Terms and Conditions

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. In reference to waiver, the failure of either party to insist, in any one instance or more, upon the performance of any of the covenants or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect. The owner of this site, www.justbraillesigns.com is Everwood,LLC dba / Awards USA.


Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Everwood, LLC dba/Awards USA and its website www.justbraillesigns.com. The collective work includes works that are licensed to Everwood, LLC. Copyright 2012, Everwood, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with  Everwood, LLC  or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Awards USA or to purchase  Everwood, LLC 's products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Everwood, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks

All trademarks, if applicable,  service marks and trade names of  Everwood, LLC  andwww.justbraillesigns.com used in the site are trademarks or registered trademarks of Everwood, LLC.


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Everwood, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Everwood, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Everwood, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Security and Privacy

We value your privacy, and gather personally identifiable data, such as names, addresses, etc. when you voluntarily submit them to us. Email addresses are used for routine business communications and to send you information if you have requested it. We do not share email addresses or your telephone number.

For further explanation visit privacy policies

Payment Policies

You may pay at check-out by VISA, MasterCard, American Express or Discover, or you may mail your check or money order.  You may also call in and order by phone at our toll free number 1-888-462-5008 and pay by credit card.  

If you mail your check, please be aware that we will not process or ship your order until all funds have been cleared.  

We do not accept COD orders.  Should a PO be accepted, we reserve the right to require a 50% deposit should the total order exceed $1000. A late charge of 1-1/2% per month will be applied to account balances considered past due relative to our terms. Balances past due for more than 6 months will be considered delinquent and we reserve the right to collect past due amounts as we see appropriate which may include collection agencies or legal action.

For security purposes, we ask that you do NOT e-mail us your credit card number.  For your added security, when placing your order on our website, we use encrypted payment systems (128 bit SSL) on our website so no clear text copies of your credit card number are transmitted over the internet. 

The credit card industry has taken fraud very seriously and suggests that card numbers are entered electronically over a safe and secure website .  Accepting card data over the phone is frowned upon and although permitted, it is not considered ideal protocol or secure. Accepting card data over the phone exposes www.justbraillesigns.com to additional liabilities and increases our responsibilities in the forms of security checks and requirements.  For this reason, we may ask that once your phone order is placed, you will have to sign in to your account and enter your credit card information yourself.

We are not set up to receive electronic checks.


Limitation of Liability

Everwood, LLC and its website www.justbraillesigns.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if  Everwood, LLC  has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Seller's maximum liability for any breach of this Agreement, or any other claim related to the merchandise, shall be limited to the price of the merchandise or portion thereof sold to Purchaser hereunder. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR DAMAGE TO REPUTATION.

Severability

If for any reason any provision contained in this Agreement is held to be invalid, illegal, unenforceable, or otherwise void by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall continue in full force and effect.


Typographical Errors

In the event that an Everwood, LLC product at www.justbraillesigns.com is mistakenly listed at an incorrect price, Everwood, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Everwood, LLCreserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Everwood, LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Terms & Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by  Everwood, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Everwood, LLC along with its website www.justbraillesigns.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Everwood, LLC.


Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of  Everwood, LLC  products) shall be in the state or federal courts located in Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of  Everwood, LLC  products) must be commenced within one (1) year after the claim or cause of action arises. Everwood, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Everwood, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Everwood, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Although Everwood, LLC will make every possible effort to keep www.justbraillesigns.com free from possible security violations, viruses, spyware, malaware, etc, we are not and cannot be held liable for infecting other hardware, software, etc from viruses, spyware, or other types of infections that might occur as a result of browsing our website.

Product Price and Specifications

Prices and product specifications are subject to change at any time. Prices are in US dollars. Colors on your computer may appear different than actual physical material colors due to differences in computer monitors, transmission limitations, graphics cards, hardware, etc.


Participation Disclaimer

Everwood, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Everwood, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Everwood, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Everwood, LLC in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless Everwood, LLC, dba / Awards USA its officers, members, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links

In an attempt to provide increased value to our visitors, Everwood, LLCand its website www.justbraillesigns.com may link to sites operated by third parties. However, even if the third party is affiliated with Everwood, LLC, Everwood, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Everwood, LLC and www.justbraillesigns.com These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Everwood, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well. LINKS TO THIRD-PARTY SITES ARE A CONVENIENCE TO YOU. Everwood, LLC DOES NOT CONTROL THIRD PARTY SITES OR LINKS TO THIRD PARTY SITES.  Everwood, LLC IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES. LINKS TO THIRD-PARTY SITES ARE NOT ENDORSEMENTS BY  Everwood, LLC OF SUCH SITES.

Product Warranty

Our signs are made with quality adhesives, and materials.  In fact, all faceplate colors are cast into the material and NOT painted which assures color consistency and helps prevent fading, chipping and scratching. Materials for backers and accent pieces are also not painted, and are resistant to scratching, (although materials are scratch resistant, they are NOT scratch proof, so please treat your signs with care.)

Since we are so confident in our materials and craftsmanship, we guarantee that if your signs break, come apart or deteriorate, we will replace them for free.

All products are warranted by Everwood, LLC / Awards USA  to be free of defects in material or workmanship, at the time of shipment.  Our liability shall be limited to replacement of the product, if it can be determined that the product was defective at the time of shipment.  Defective products, subject to our inspection, will be replaced or repaired on a no charge basis. Damage caused by, accidents, or improper use, is the responsibility of the Buyer.  We are not responsible for misuse of the products, or if the Buyer is unable to use the product. This warranty is in lieu of any other warranty expressed or implied.

All shipping costs related to returning the product to the Manufacturer for inspection will be prepaid by the buyer. Shipping costs will be reimbursed if parts are determined to be defective. Shipping non-defective parts back to the Buyer will be paid by the Buyer. All expenses, losses in revenue, and labor charges arising or originating from the failure of defective parts will be borne by the Buyer.

Sign Compliance/Disclaimer/Additional Limits of Liability & Warranty

This website is not intended to be a comprehensive authority or information resource on sign codes and regulations. User agrees that the use of www.justbraillesigns.com is at their sole risk, and we make no warranty regarding the accuracy, reliability, or currency of any information, content, service, or merchandise provided. Everwood, LLC dba / Awards USA makes no warranty or representation of suitability of a sign for any specific application, code, law, requirement or regulation. User and buyers are solely responsible for compliance with all applicable laws, rules and regulations. Signs, photos, drawings, pictures and all reference material and information provided is meant to be a resource for additional information, guidance, training, but not considered to be comprehensive nor construed in any way as legal advice or recommendations.

No information contained herein shall create a warranty; nor shall User rely on any such information, as this website is “AS IS” and without warranty of any kind, expressed or implied.

The requirements for sign content/text, construction and design are determined by intended use and by applicable regulation, and it is the buyer's responsibility to determine if their products purchased are compliant and installed correctly. The BUYER shall be responsible for determining the appropriate content, appearance, design, construction and installation for all signs and signage. The buyer shall also be responsible for determining whether or not  received and/or purchased signage meet, and is in compliance with, any and all applicable city, state, federal, ADA / ABA sign codes, laws, requirements and regulations. Everwood, LLC is not , and shall not be held liable for costs, fines, hardships, law suites and/or any other monetary expenses/liabilities associated with, or as a result of, code failure, signage noncompliance or other sign violations, or any other monetary hardship, as it relates to our products, services, advice or recommendations.

Shipping policies

We ship UPS Ground, UPS Next Day, UPS 2nd Day and UPS 3rd Day. We only ship inside the continental United States.  We do NOT ship to Peurto Rico or Guam. "Shipping days" does not include the day a package leaves the factory. UPS typically does not deliver on weekends or Holidays, and will not deliver to a PO Box address. UPS Ground Service is not a "guaranteed" service. Next Day deliveries require a signature upon delivery. Our FREE shipping offer is not available for Hawaii or Alaska. To save you money, we reserve the right to use the lowest cost carrier on your behalf, unless otherwise specified on your order.  Certain items cannot be shipped to APO/FPO addresses. Our responsibility for the shipment of merchandise ends when the carrier accepts the products.

RETURNS

We will replace products that have been damaged during shipping, however you must contact us within 7 days of receiving your shipment. Often, we will issue a UPS call tag, whereupon UPS will pick up the damaged package.  If this is the case, be sure to retain and save all original packaging. Please understand, that Awards USA is NOT responsible for damages by the carrier.....the carrier is! We will make every effort to ship back your merchandise in a timely manner, however we are not responsible for the cost of expedited shipping (i.e. - 2nd Day or Next Day delivery). The merchandise will be shipped the same way as originally ordered. Faster delivery requests, in these circumstances, will be paid for by the customer.

Most of our signs are custom, and because they are unique and customized in nature, we are unable to accept returns unless they are defective as determined by us. All shipping costs related to returning the product to the Manufacturer for inspection will be prepaid by the buyer. Shipping costs will be reimbursed if parts are determined to be defective. Shipping non-defective parts back to the Buyer will be paid by the Buyer. All expenses, losses in revenue, and labor charges arising or originating from the failure of defective parts will be borne by the Buyer.

Some items may be considered “Stock”. Stock items may be returned within 30 days for a full refund minus a 20% restock fee. Stock items would be considered standard restroom signs, and pictogram signs where no customization of text exits. Shipping costs for returns are the Purchaser's responsibility.

We want you to be 100% satisfied, and if for any reason you are not happy with your products or services, we will attempt to resolve any issues to assure your complete satisfaction.


Sales tax

Orders shipped within the state of Minnesota will have sales tax added, in addition to any applicable city or other taxes.  If your state has sales tax or use tax, it is your responsibility to pay Sales Tax and/or Use Tax directly to your taxing authority if applicable. Those exempt from Minnesota sales tax need to e-mail or fax us your tax exempt certificate.

 We do not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

For Oklahoma purchasers, the tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.

 We are required to provide the notice above for Oklahoma purchases based on a Oklahoma law (HB 2359) enacted in June 2010.