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Terms Of Use

 

SHOWMARK MEDIA, LLC - Terms of Use

 
Welcome to the SHOWMARK MEDIA, LLC (“Showmark”) website. Showmark Excellence on Display Showmark Excellence on Display are registered trademarks of Showmark Media, LLC. Please read these Terms of Use carefully as your use of this website and the ordering of products from Showmark are conditioned on your acceptance without modification of, and constitute your agreement to, the terms, conditions, notices and requirements contained herein.
 
License and Site Access
Showmark grants to you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Showmark. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Showmark.
 
As a condition of your use of the Showmark website, you warrant to Showmark that you will not use the Showmark web site for any purpose that is unlawful or prohibited by these terms, conditions, notices and requirements. You may not use this web site in any manner which could damage, disable, overburden, or impair this web site or interfere with any other party's use and enjoyment of this web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Showmark web site.
 
Product Descriptions
Showmark attempts to be as accurate as possible in the appearance, description, price and conditions of the products shown on this web site and supplied to you. However, Showmark does not warrant that product descriptions or other content of this web site are accurate, complete, reliable, current, or error-free, and some products shown on the site may appear different when delivered.
 
With respect to items sold by Showmark, the price of an item is confirmed at the time of order placement and confirmation. Orders are charged after the item is sent to production.
 
If an error or mistake in an order, order item, or order detail should occur, Showmark will attempt to correct such error and deliver the order according to the confirmation details. If such correction and re-delivery is not practicable, Showmark reserves the right to cancel the order and refund any monies received. If we have questions regarding your order that require us to contact you, your order will be put on hold until we are able to clarify such issues with you. We will make every effort to contact you in a timely manner.
 
Our Satisfaction Guarantee
If you are not satisfied due to manufacturer error or defect, please email: customerservice@showmark.com.
 
Cancellation Policy
Only cancellations prior to manufacture are refundable. Customers are notified by email when their order is sent to production.
 
Accuracy and Representation
You agree and acknowledge that in the course of using this website and ordering products from Showmark, you will not misrepresent or falsely state your identity (or the identity of your business or company) or your affiliation with or accreditation by any person, entity or business. By using this website to purchase any product, you represent and warrant that you have the lawful and legal right or license to use, reproduce, create, distribute and/or display the content included in any product that you order through this website. Showmark is not responsible for any improper or unauthorized copying or distribution of any such content or your inclusion of such content in any Showmark product, and you accept all of such responsibility.    
 
Showmark reserves the right to refuse to accept or to cancel any order that is in violation of these Terms of Use that or infringes the copyright, trademark or intellectual property rights of others.
 
Disclaimer
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, AND SHOWMARK MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

SHOWMARK MAKES NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE, OR THEIR SUITABILITY FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHOWMARK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOWMARK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS  WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OR PRODUCTS, OR FOR ANY INFORMATION OBTAINED THROUGH THIS WEB SITE AND PURCHASE OF SHOWMARK PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHOWMARK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOWMARK WEB SITE.
 
The limitations in this section include and apply to your loss or damages of any kind, including those resulting from: (1) the content or information contained in any plaque or other product offered or sold by Showmark; (2) the location, manner or method that a Showmark product is displayed or used by you or by a third party; (3) the use or inability to use this website; (4) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website or from Showmark; (5) unauthorized access to or alteration of your transmissions or data; (6) statements or conduct of any third party on this website or (7) any other matter relating to this website or the supply of products herefrom.

Privacy
Please review our Privacy Notice, which also governs your visit to www.SHOWMARK.com, to understand our practices.
 
Electronic Communications
When you visit www.SHOWMARK.com or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Risk of Loss
All items purchased from Showmark are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Showmark or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Showmark and protected by U.S. and international copyright laws. All software used on this site is the property of Showmark or its software suppliers and protected by United States and international copyright laws.
 
Indemnification
You agree to indemnify, defend and hold harmless, Showmark and Showmark’s managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on Showmark’s behalf, at your own expense and immediately after receiving a written notice from Showmark, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of or ordering of products from this web site, the content that you upload to the web site, your breach of these Terms of Use, or any other terms, rules or regulations applicable to the products or services provided on this webs site, or your violation, or infringement of other persons rights.
 
Intellectual property / Limited license
All rights, title and interest in and to the products and services provided by Showmark over this web site, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by Showmark or by a third party and licensed to Showmark. All other trademarks and product names used over this website are trademarks and product names of their respective owners, which are in no way associated, sponsored or affiliated with Showmark. These third party trademarks and product names are used solely to identify the name of the third party publications or title of an award granted. 
 
Unless expressly permitted in these Terms of Use, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on this web site, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
 
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of Showmark. You must refrain from any action or omission which may dilute, or tarnish Showmark’s goodwill.
 
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
 
Showmark does not claim ownership over content, such as text and images that you upload to the web site as part of your purchase of products from Showmark. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owner to post and use such content in preparation of the products that you will order from Showmark and that you do not violate any rights of third parties.


Note for Purchaser
Purchaser understands and acknowledges that the plaque offered herein is not an award or certification by Showmark or the publisher of the original listing; that any superlative (e.g., “top”) or other designation is subjective; and that the original published list may have a different name or designation that the one on the plaque offered herein.

 
 
Governing Law, Jurisdiction
These Terms of Use and your order and receipt of products from Showmark shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York.
 
Any action or claim, arising out of or directly or indirectly related to these Terms of Use, will be filed only in state and federal courts in the city of New York, New York and you agree to submit to personal jurisdiction in such courts. The United Nations Convention on Contracts for the international Sale of Goods shall not govern these Terms of Use. 
 
Modification of these Terms of Use
Showmark reserves the right to change the terms, conditions, notices and requirements of these Terms of Use as well as the terms and conditions of your order and purchase of Showmark products. If any provision of this User Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this User Agreement shall in no way be affected or impaired.
 
Please contact Showmark at info@showmark.com, if you have any questions about these Terms of Use.

General

The Terms of Use constitute the entire agreement between you and Showmark with respect to the use of this web site and the ordering of products from Showmark, and supersedes any and all other agreements. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms of Use will be effective unless consented to explicitly and executed in writing by Showmark authorized representative.
 
The Terms of Use will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms of Use, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the Terms of Use. Failure on Showmark’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of Showmarks’ rights under these Terms of Use.
 
 
Last Updated: December 2014