Terms & Conditions

Effective Date: Jan 1, 2024

This Terms of Service, along with our Privacy Policy (collectively, the “Agreement”), outlines the terms and conditions under which SBay Print & Design LLC and its affiliates (“Distributor,” “we,” “us,” or “our”) provide access to this website and any related platforms or services linked to this Agreement (collectively, the “Services”).

Please read this Agreement carefully before using the Services, as it constitutes a legally binding contract between you and Distributor. If you have any questions regarding these Terms or the Services, you may contact us at the email address listed at the top of this page: rmarcos@sbayprintanddesign.com.

By accessing or using the Services, you confirm that:

You have read and understood this Agreement.
You agree to comply with all terms and conditions.
You are at least the legal age of majority in your place of residence and legally capable of entering into this Agreement.

Important Notice: Please pay special attention to the sections titled “Disclaimer of Warranties,” “Limitations of Liability,” and “Dispute Resolution.” These sections contain important legal information that may affect your rights and how disputes are handled.

If you do not agree to any part of this Agreement, please refrain from using the Services.

1. CHANGES TO TERMS

The Effective Date of this Agreement is listed at the top of this page. As we continue to enhance our Services and introduce new features, we may update or modify this Agreement. It is your responsibility to review the Terms periodically for any changes. Unless required by law or necessary to protect other users, updates will not apply retroactively. By continuing to use our Services after any changes take effect, you agree to the revised Terms. As of the Effective Date, this version supersedes all prior versions, agreements, notices, or statements related to these Terms.

2. ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms ("Additional Terms") presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.

3. DISTRIBUTOR CONTENT

All content provided through our Services—including brand names, artwork, graphics, text, video and audio clips, trademarks, logos, and other materials (“Distributor Content”)—is owned by SBay Print & Design LLC. Any trademarks not owned by us that appear on the Services are the property of their respective owners.

By agreeing to these Terms (and any applicable Additional Terms), you may download, print, or copy Distributor Content solely for your personal, non-commercial use.

You may not:

Use Distributor Content in any public or commercial context, including incorporation into other websites or marketing materials.

Copy, modify, reproduce, adapt, reverse engineer, distribute, republish, upload, display, post, transmit, license, or sell Distributor Content in any format or medium.

Remove or alter any copyright, trademark, or proprietary notices included in the Distributor Content.

Deep link to any page within our Services other than the homepage without written permission.

Content Accuracy and Responsibility

We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Services. Opinions, advice, and statements expressed on the site are solely those of the individual authors and do not reflect the views of SBay Print & Design.

SBay Print & Design is an independent organization and does not take institutional positions on policy matters. References to nonprofit, private, or government entities are for informational purposes only and do not imply endorsement.

4. USING THE SERVICES

Age of Eligibility

To use the Services, you must be at least the age of legal majority in your place of residence.

Your Account

Certain features of the Services require you to create an account (“Account”). You agree to maintain accurate, complete, and up-to-date Account information at all times. If you provide false, incomplete, misleading, or inaccurate information, we reserve the right to suspend or terminate your Account and access to the Services.

You are responsible for safeguarding your Account credentials, including your username, password, activation codes, and any other access information. All activity conducted through your Account is considered authorized by you. Unauthorized access to password-protected or secure areas of the Services is strictly prohibited and may result in criminal prosecution. We may suspend your access to all or part of the Services without notice if we suspect a security breach. If you believe your Account information is no longer secure or need to deactivate your Account or password, please contact Distributor immediately using the information provided below.

Accessing the Services

You are solely responsible for obtaining and maintaining the software, hardware, and internet connection necessary to access and use the Services. If you use the Services on a smartphone, tablet, or other mobile device (“Mobile Device”), you are responsible for any data charges or other fees incurred.

We do not guarantee that the Services will be available at all times. Distributor may perform updates, upgrades, or maintenance that temporarily limit access. Subject to applicable law, we reserve the right to modify, restrict, suspend, or discontinue any part of the Services at any time without notice. Unless otherwise stated in a customer agreement, Distributor is not obligated to provide ongoing access or support.

Restrictions on Use

You may use the Services solely for lawful, non-commercial purposes.

You agree not to, and will not permit others to:

Breach, test, or circumvent any security, copy protection, or rights management features of the Services, or attempt unauthorized access to the Services, other users’ Accounts, or Distributor’s systems or networks;

Copy, modify, translate, adapt, or create derivative works or improvements of any part of the Services;

Decompile, reverse engineer, disassemble, or otherwise attempt to access the source code of any part of the Services (except where prohibited by law);

Remove, alter, or obscure any copyright, trademark, or proprietary notices within the Services;

Use automated tools (e.g., robots, spiders, scrapers) to access, retrieve, or index any portion of the Services;

Use the Services to advertise, buy, or sell products or services;

Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, or otherwise make the Services available to others, including via time-sharing or service bureau arrangements;

Reformat or frame any part of the Services without prior written consent from Distributor;

Launch or execute any scripts or programs intended to scrape, index, survey, or otherwise mine data from the Services, or to burden or impair their functionality;

Create an Account using false or misleading information;

Collect or store personal data about other users without their express prior written consent, as defined in our Privacy Policy.

5. PRODUCTS AND ORDERS

Product Availability

Some products may be offered exclusively online through the Services and may be available in limited quantities.

Pricing and Product Changes

Prices for products offered through the Services are subject to change at any time without prior notice. Distributor is not liable to you or any third party for any modification, price adjustment, suspension, or discontinuation of any product. We do not guarantee that the color displayed on your device accurately reflects the product’s actual color.

Sales Limitations

Distributor reserves the right—but is not obligated—to limit the sale of products or Services to any individual, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We may also limit the quantity of any products or Services offered. All product descriptions and pricing are subject to change without notice at Distributor’s sole discretion. We reserve the right to discontinue any product at any time. Any offer made through the Services is void where prohibited.

Product Quality and Expectations

Distributor does not warrant that any products, Services, information, or other materials purchased or obtained through the Services will meet your expectations or that any defects or errors will be corrected.

Order Management

We reserve the right to refuse, limit, or cancel any order at our sole discretion. This includes restrictions on quantities purchased per person, per business, or per order. These limitations may apply to orders placed under the same Account, credit card, billing address, or shipping address. If we modify or cancel an order, we may attempt to notify you using the contact information provided at the time of purchase. We also reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

Account and Purchase Information

You agree to provide current, complete, and accurate Account and purchase information for all transactions made through the Services. You also agree to promptly update your Account details, including your email address and payment information, to ensure successful order processing and communication.

6. RETURN POLICY

We want you to be satisfied with your purchase. Due to the custom nature of promotional products, returns are generally not accepted unless the item is defective or there was an error in production.

Eligibility: To be eligible for a return, the item must be unused, in its original packaging, and reported within 7 days of delivery.

Custom Products: Items with personalized designs, logos, or custom specifications are non-refundable unless they arrive damaged or incorrect.

Process: To initiate a return, please contact us at rmarcos@sbayprintanddesign.com with your order number and a description of the issue. We may request photos to verify the problem.

Refunds: Approved returns will be refunded to the original payment method. Shipping costs are non-refundable.

6. SHIPPING POLICY

We ship nationwide across the United States. Shipping times and costs vary depending on the product, customization requirements, and destination.

Processing Time: Orders typically require 7 to 10 business days for production before shipping, depending on the item type and quantity. Expedited processing may be available upon request, though some orders may require additional time based on complexity or volume.

Shipping Methods: We use standard carriers such as USPS, UPS, and FedEx. Tracking information will be provided once your order ships.

Delays: We are not responsible for delays caused by carriers, weather, or other factors beyond our control.

Address Accuracy: Please ensure your shipping address is correct. We are not liable for lost packages due to incorrect or incomplete addresses.

7. PAYMENT POLICY

Accepted Payment Methods We accept the following forms of payment:
Credit and debit cards (Visa, MasterCard, Amex)
ACH transfers and business checks
Cash (local orders only)

Payment Terms
First-time orders: Full payment is required prior to production.
Repeat clients: Net 15 or Net 30 terms may be available upon approval.
Rush orders: Must be paid in full before production begins.

Deposits
For orders over $500, a 50% deposit may be required to initiate production.
Remaining balance is due upon proof approval or prior to shipment.

Proof Approval
Production begins only after proof approval and confirmed payment (or deposit, if applicable). Delays in approval may affect turnaround times.

Late Payments
Invoices past due may incur a late fee of 2% per month.
Orders may be paused or withheld until payment is received.

Refunds & Cancellations
Orders canceled prior to proof approval may be eligible for a full refund.
Once production begins, refunds are not guaranteed and may be subject to material and labor costs.

Sales Tax
Applicable sales tax will be added to all taxable items unless a valid resale certificate is provided.

8. SUBMISSIONS

Distributor may periodically provide areas within the Services that allow you and other users to share content, including information or materials (collectively, “Submissions”). You retain ownership of your Submissions and are solely responsible for their content and any consequences arising from their use or sharing.

By submitting any content (“Submission”) through the Services, you represent and warrant that:

Your Submission is truthful and accurate;

You own or control all necessary rights to your Submission, including copyrights and trademarks, to fulfill your obligations under this Agreement;

Your Submission does not contain defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive material;

Your Submission does not infringe upon the privacy, publicity, intellectual property, or other rights of any individual or entity.

You acknowledge that Distributor reserves the right—but is not obligated—to monitor, edit, remove, or refuse to post any Submission at its sole discretion. Distributor assumes no responsibility or liability for any Submission, including any loss or damage resulting from reliance on content shared by users.

By sharing a Submission, you grant Distributor and its designees a worldwide, perpetual, irrevocable, transferable, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit your Submission across all formats and distribution channels now known or later developed (including third-party platforms), for the purpose of operating, enhancing, or promoting the Services and Distributor’s products. You will not receive compensation for your Submission. All Submissions are considered non-confidential and non-proprietary.

Distributor strongly advises against including personal information in your Submissions, as such content may be visible to and used by others.

9. DISCLAIMER OF WARRANTIES

Distributor represents and warrants that it has validly entered into this Agreement and possesses the legal authority to do so. You likewise represent and warrant that you have validly entered into this Agreement and have the legal authority to comply with its terms.

Distributor and its affiliates are not responsible for any claims, damages, or losses arising from or related to inaccurate or incomplete information accessible through the Services. We are not liable for any use—intended or unintended—of information, pricing, or results obtained through the Services. Additionally, we are not responsible for any corruption or damage to your data, software, or equipment resulting from your use of the Services.

The Services, along with all products, content, and information provided through them, are offered on an “AS IS” and “WITH ALL FAULTS” basis. Distributor expressly disclaims all representations and warranties—whether express, implied, written, or oral—arising from course of dealing, course of performance, usage of trade, or otherwise. This includes, without limitation, implied warranties of title, non-interference, non-infringement, accuracy of information, merchantability, quality, systems integration, and fitness for a particular purpose.

Except as explicitly stated in this Agreement, all products, Services, and information provided by Distributor and its affiliates in connection with the Services are delivered with all faults, and the entire risk regarding satisfactory quality, performance, accuracy, and effort rests solely with you.

10. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

You expressly waive and agree not to assert any claims against Distributor for incidental, special, consequential, or indirect damages. This includes, without limitation, damages related to loss or corruption of data or programs, service interruptions, or the cost of procuring substitute services—even if Distributor was aware of or advised of the possibility of such damages. These limitations apply to any claims arising from or related to your use or inability to use the Services, as well as the conduct of you or any other registered user in connection with the Services.

You acknowledge and agree that these limitations of liability, along with other provisions in this Agreement that limit Distributor’s liability, are fundamental terms. Distributor would not be willing to grant you the rights set forth in this Agreement without your acceptance of these limitations.

11. DISPUTE RESOLUTION

If you have a complaint regarding the Services, please contact Distributor by email at rmarcos@sbayprintanddesign.com.

To the fullest extent permitted by applicable law, you and Distributor agree that any dispute resolution proceedings will be conducted solely on an individual basis. Class actions, consolidated actions, or representative proceedings are expressly waived.

This Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the state corresponding to Distributor’s mailing address (“Distributor’s Jurisdiction”), without regard to its conflict of laws principles. This Agreement is binding upon the parties both within the United States and internationally.

You agree that any cause of action arising out of or related to the Services must be initiated within one (1) year from the date the cause of action accrues. Otherwise, such claims are permanently barred.

Any dispute between you and Distributor—including its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates—arising from or relating to this Agreement, its interpretation, or its breach, termination, or validity, shall be subject to the exclusive jurisdiction of the federal and state courts located in Distributor’s Jurisdiction. This excludes actions taken to enforce any judgment or order issued by such courts.

12. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The Services are provided by Distributor, whose principal place of business is listed at the top of this webpage.

If the Services are classified as an electronic commercial service under California Civil Code Section 1789.3, you may submit a complaint or request additional information about the Services by sending a written notice to the attention of “Legal Department” at the address provided above.

13. INTERNATIONAL USE

If you are accessing the Services from outside the United States, you acknowledge and agree to the transfer of certain information—including Personal Data and Submissions—from your home country to Distributor. You further agree to comply with all applicable laws, regulations, and requirements in both your country of residence and the country from which you access the Services.

Distributor’s servers and operations are primarily located in the United States, and our policies and procedures are governed by U.S. law. Accordingly, the following provisions apply specifically to users located outside the United States:

(1) You consent to the transfer, storage, and processing of your information in the United States and/or other countries where Distributor or its service providers operate.

(2) You are not authorized to access or use the Services if you are located in a country subject to U.S. embargoes or if you appear on the U.S. Treasury Department’s list of Specially Designated Nationals.

(3) You agree to comply with all local laws, rules, and regulations applicable to your use of the Services.

14. TERMINATION

You may terminate your Account at any time and for any reason by providing written notice to Distributor.

Distributor reserves the right to immediately suspend or terminate your Account and access to the Services, without prior notice, if it believes you have violated this Agreement.

Termination of your Account does not limit any other rights or remedies available to Distributor. The following sections—and any others that by their nature are intended to survive termination—will remain in effect: Distributor Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms, and all related provisions.

15. LINKS TO OTHER WEBSITES AND SERVICES

The Services may include links to third-party websites or platforms that we believe may be of interest to you, including social networking sites (collectively, “Linked Services”). Linked Services are not under the control of Distributor, and Distributor is not responsible for the content, functionality, or any transmissions received from such services.

The inclusion of a link does not imply endorsement by Distributor or any affiliation with the operators of the Linked Services. Distributor does not investigate, verify, or monitor Linked Services and provides these links solely for your convenience. You access and use Linked Services at your own risk.

16. GENERAL TERMS

This Agreement: (i) will be binding upon and inure to the benefit of both you and Distributor, as well as your respective successors and permitted assigns; and (ii) may be assigned by Distributor, but you may not assign or transfer your rights or obligations under this Agreement without Distributor’s prior written consent.

This Agreement, together with our Privacy Policy, constitutes the entire understanding between you and Distributor regarding the subject matter herein and supersedes all prior or contemporaneous communications, whether oral or written.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect as if the invalid or unenforceable provision had not been included.

The failure of either party to enforce any term of this Agreement on any occasion will not be deemed a waiver of that term or any other term, nor will it prevent future enforcement of that term.

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Distributor.

If either party is unable to perform any obligation under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, or internet service disruptions, performance will be excused for the duration of the delay caused by such events.

Headings and section titles in this Agreement are provided for convenience only and have no legal or contractual effect.

17. QUESTIONS ABOUT THE SERVICES

If you have a question about the Services, please contact Distributor via email at the email address listed on this webpage.