TERMS OF USE / TERMS OF AGREEMENT
Please read these terms of use carefully before using this site.
Welcome to Our Website (Our or The “Website”)
We provide our Website as a service to our customers. Please review the following basic rules which constitute our “Terms of Use & Legal Notices,” which govern your use of our Website. By using our Website you agree to be bound by the Terms and Conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the “Agreement”). Your use of our Website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our Website. Although you may “bookmark” a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend you visit these pages periodically to review the Agreement.
Terms & Conditions:
Payment
The fees for Vinnie’s Steakhouse & Tavern products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. Vinnie’s Steakhouse & Tavern requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. Vinnie’s Steakhouse & Tavern grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. Vinnie’s Steakhouse & Tavernaccepts Purchase Orders from government and educational institutions with prior approval and requires the submission of the PO number at the same time the order is submitted. Any amount due to Vinnie’s Steakhouse & Tavern, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.
Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via credit card, certified bank check (from a bank which Vinnie’s Steakhouse & Tavern deems acceptable), ACH or wire transfer. Unfortunately, Vinnie’s Steakhouse & Tavern can no longer accept any other forms of payment from or extend credit terms to customers who are located outside the United States.
This Is Not An Exhaustive List; Other Fees May Be Incurred In Special Circumstances
Right of Refusal
We reserve the right to refuse service or products to any person or organization.
Sales Tax Policy
Vinnie’s Steakhouse & Tavern is required to collect sales tax on purchases shipped within North Carolina. If your order qualifies for sales tax exemption in accordance with Florida Sales & Use Tax Regulations you must provide Vinnie’s Steakhouse & Tavern with a Valid North Carolina Resale Certificate.
Refunds & Cancellation
All refunds of any nature will be in the form of an In-House Credit.
Indemnification, Damages
You agree to indemnify and hold Vinnie’s Steakhouse & Tavern and its subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including, but not limited to, attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. This also includes, but is not limited to, the use of a union bug.
You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law, do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Vinnie’s Steakhouse & Tavern. DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.
The liability of Vinnie’s Steakhouse & Tavern, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Vinnie’s Steakhouse & Tavern for its products and services. In no event will Vinnie’s Steakhouse & Tavern be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Vinnie’s Steakhouse & Tavern. You hereby waive any Statute of Limitations to the contrary.
Ownership & Limited Use
By placing an order with Vinnie’s Steakhouse & Tavern, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Vinnie’s Steakhouse & Tavern and; (ii) are authorizing Vinnie’s Steakhouse & Tavern to print such order on your behalf. Any images/graphics, text or other materials supplied to Vinnie’s Steakhouse & Tavern by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Vinnie’s Steakhouse & Tavern. However, any additional materials created by Vinnie’s Steakhouse & Tavern in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc…) are and shall remain the sole property of Vinnie’s Steakhouse & Tavern. Digital files of an Vinnie’s Steakhouse & Tavern assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party.
Your Use Of Our Website
Our website and the content are intended solely for your personal, non-commercial use. You may download or copy the content and/or downloaded materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the media in any media. It is strictly prohibited to modify, transmit, distribute reuse, repost, “frame” or use the Content for public or commercial purposes without written permission from an authorized representative.
It is also strictly prohibited to download any images of our products which appear on our website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related property. You agree that if we, in our sole and unfettered discretion, request in writing that you remove any links or links to our website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access and use of our website, or any part thereof, with or without notice.
No Warranties; Limitation of Liability
Your use and reliance upon any and all information, including but not limited to the content on this website is at your sole risk. Such information is provided on an “As Is” and “As Available” basis. We make no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of such information. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our website, with the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of our website, whether based on contract, tort or otherwise, even if we or any of our 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 our website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using our website.
Security
Tampering with our website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; b) using our Website for unintended purposes or trying to change the behavior of our Website; c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing’; e) forging any TCP/IP packet header or any part of the header information inn any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized email on our behalf, including promotions and/or advertising of products or services, is expressly forbidden. You agree not to use any device, software, or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted one this site. You agree further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
Kids’ Privacy
Our Website is intended for use by individuals 18 years of age or older. Our Website is not directed to children under the age of 18. Users under the age of 18 must use the assistance of a parent or guardian before they use or visit our Website.
Errors, Corrections and Changes
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions,, pricing and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.
Information & Content You Submit To Us
By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.
We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to, the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of Vinnie’s Steakhouse & Tavern.
Third Party Websites & Links
Our Website may contain links to other Websites that are not under our control (“Third-Party Websites”). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. Then conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.
Applicable Law & Other Terms
Our Website is created, operated and controlled in the state of Florida, in the United States in America. The laws of the state of Florida will govern the agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Florida in all disputes arising out of, or relating to, the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and us with respect to our Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon, or relating to, this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in print form.
Mailing Services & Mail Delivery
When utilizing our Mailing Services, Vinnie’s Steakhouse & Tavern shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will Vinnie’s Steakhouse & Tavern be liable for special, incidental, or consequential damages of any kind. Vinnie’s Steakhouse & Tavern responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. Vinnie’s Steakhouse & Tavern shall not be liable for USPS performance failures or delivery delays. Vinnie’s Steakhouse & Tavern accepts no responsibility for any additional services performed outside of Vinnie’s Steakhouse & Tavern, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services. Any remaining customer cards not mailed through Vinnie’s Steakhouse & Tavern Mailing Services will be returned via UPS at customer’s expense and shipped to the contact address on file unless otherwise specified by the customer.
Mailing Lists
Vinnie’s Steakhouse & Tavern agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of Vinnie’s Steakhouse & Tavern, is the exclusive property of the customer and shall be used only with customer’s instructions. It is customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list. Vinnie’s Steakhouse & Tavern assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party, and Vinnie’s Steakhouse & Tavern will not utilize the list for any other purpose.
Duplicate Removal
Unless otherwise instructed, Vinnie’s Steakhouse & Tavern will remove duplicate names from all lists submitted for processing where the name and address match. No charge will be incurred for removing duplicates within an entire list.
Change of Address Updates
U.S. Postal Service requires that all first class presorted mailings comply with Move Update. Vinnie’s Steakhouse & Tavern assumes no responsibility for failure to do so. Refer to the Updating Your Mailing List page on our website for more information.
Any other additional questions or concerns, please contact, Vinnie’s Steakhouse & Tavern: info@vinniessteakhouse.com