Terms & Conditions
By using or placing any orders on betterflag.com, you agree to be bound by the following Terms
and Conditions, along with our Privacy Policy and all other policies. Betterflag reserves the right
to update these Terms and Conditions at any time without prior notice. You agree that if you are
dissatisfied with any of these Terms and Conditions, your sole and exclusive remedy is to
discontinue using Betterflag.
PRICING AND AVAILABILITY
Prices and availability of products on Betterflag are subject to change without notice. Betterflag
is provided on an “as is” and “as available” basis, and makes no representations that the site will
be available for use, free of errors or inaccuracies or will meet your requirements.
AGE RESTRICTIONS
Betterflag is intended for use by individuals 18 years of age or older. If you are between the
ages of 13 and 18, your use of Betterflag must be under the supervision of a parent or legal
guardian. In no case is Betterflag permitted to be used by children under the age of 13. By
using or placing any orders on Betterflag, you represent that you are 18 years of age or older,
or, if you are not 18 years of age or older, that you are under the supervision of a parent or legal
guardian.
USE OF ARTWORK
You acknowledge that you have the legal rights to use and reproduce any images, slogans or
other information in the artwork which you submit to Betterflag for printing. You agree not to
upload, submit or request to be printed any artwork that a) could give rise to any civil or criminal
liability, either for you or Betterflag or b) could infringe upon the rights of privacy, publicity,
copyrights or other intellectual property rights without the express permission of the owner of
these rights. Betterflag reserves the right to refuse to print any material that it believes could be
in violation of any laws or intellectual property rights of another party, or any material that it
deems to be profane, obscene or otherwise objectionable.
PRODUCTION TIMES
Any production times listed are standard production times that can vary based on a range of
factors, including but not limited to quantities ordered, availability of materials and quantity of
orders already in the production queue. Production days are Monday through Friday, excluding
any observed holidays. Production times are calculated from the date the artwork is approved
through the date of shipment. Production times do not include shipping transit time, and we are
not responsible for any delays caused by shipping carriers. Betterflag will use its best efforts to
meet the production times posted, but in no instance are production times guaranteed.
TERMINATION OF USE
Betterflag may, in its sole discretion, terminate your account or your use of Betterflag at any
time, without notice and for any reason.
PAYMENT
Your credit card will be charged at the time of order, and we will not begin printing any products
until payment is received in full. All prices listed are in US dollars, and payment must be made
in that currency. In the event that an order is canceled prior to printing (or in the event of a
non-custom order, prior to shipment), your credit card will be refunded, though a restocking fee
may be charged. RETURNS & REFUNDS All custom-printed products are non-refundable.
Once an order has been approved, the sale is final. Certain non-customizable products, if
unused, may be returned for a refund within 5 days of receipt, provided that a restocking fee
may be charged. Errors made by Betterflag in the manufacturing process will be reviewed and
addressed, but Betterflag does not accept any liability for errors in the art approved by the
customer, including but not limited to spelling, punctuation or color selection. In the event of a
product defect or printing error, you must notify Betterflag within 5 days of receipt. You agree
that it is the sole discretion of Betterflag to determine whether a product has experienced a
manufacturing or printing defect, and if such determination has been made, Betterflag will, at its
sole discretion, either replace or refund the product. Defective products may be required to be
returned to Betterflag prior to issuance of a refund.
ART SUBMISSIONS & PROOFS
Any artwork submitted to be printed should be according to the instructions listed on our art
guidelines page. A PDF proof will be provided for your approval, and neither the physical
printing process nor the production time quotes will begin until we receive this approval from
you. You are solely responsible for verifying the accuracy and completeness of the proof.
SALES & USE TAX Betterflag will collect and remit sales tax in the jurisdictions in which is
required to do so. In the event that sales tax is not charged, you are responsible for determining
whether or not you have an obligation to file any sales or use taxes in your jurisdiction. If you
are exempt from sales tax, please forward a copy of your exemption certificate to
info@dmjbrand.com.
NO WARRANTY
Betterflag specifically disclaims any and all warranties of any kind whatsoever, whether express
or implied, including but not limited to warranties of title, merchantability or fitness for a particular
purpose. No oral advice or written information given by Betterflag or any of its employees,
associates or agents shall create a warranty.
DISCLAIMERS, LIMITATION OF LIABILITY AND ASSUMPTION OF RISK
Betterflag will not be liable to you or any third party for any consequential, incidental, indirect,
punitive or special damages (including damages relating to lost profits, loss of data or goodwill)
arising out of, relating to or connected with the use of Betterflag or the purchase of any products
from Betterflag. You understand and voluntarily accept any risk associated with the products
and/or services provided by Betterflag or any use thereof except where prohibited by law. You
agree that Betterflag will not be liable for any injury, including, without limitation, personal, bodily,
or mental injury, economic loss, or any damage to you resulting from negligence or other
conduct of Betterflag and/or its employees, associates or agents, or from the products or
services produced and/or delivered thereby. SHIPPING Orders will be shipped via FedEx
Ground or a comparable ground service at our discretion unless an expedited shipping method
is purchased. Betterflag turns over possession of the product when picked up by common
carrier. We do not guarantee shipping times, but will work with you and our carriers to get the
product to you as best we can. On any order(s) that are shipped across international borders,
customs & duties may apply and must be paid for by the recipient.
INDEMNIFICATION & HOLD HARMLESS
You accept full legal liability for the content of the material you submit to and/or request
Betterflag to print. You agree, to the maximum extent allowed by law, to indemnify, hold
harmless and defend Betterflag and its officers, employees, agents and representatives, from
and against any claims, demands causes of action, loss, expense or liability resulting from any
and all of the following: (a) your submission of content to Betterflag and/or your request of said
content to be printed by Betterflag, (b) your use of Betterflag and the placing of any orders
thereon, and (c) your use of any products or services ordered from or provided by Betterflag.
Your agreement to defend, indemnify, and hold Betterflag harmless includes the reimbursement
to Betterflag of any and all reasonable attorneys fees, including but not limited to fees incurred
to enforce this Agreement. If you have to defend and indemnify Betterflag hereunder, Betterflag
will have the right to control the defense, settlement, and resolution of any claim. You may not
settle or otherwise resolve any claim without the express written permission of Betterflag.
ENTIRE AGREEMENT
These Terms & Conditions, together with the Privacy Policy and all other policies, constitute the
entire agreement (collectively, the “Agreement”) between you and Betterflag regarding your use
of the site and any purchases made from Betterflag (whether by ordering online or through any
other method). This Agreement supersedes any prior understandings or agreements, whether
oral or written, and cannot be amended or modified except in writing by Betterflag.
GOVERNING LAW
This Agreement will be governed by the laws of the State of Tennessee, without regard to its
conflicts of law provisions. You consent to the sole and exclusive jurisdiction and venue of the
courts located in Davidson County, Tennessee for any disputes arising under, related to or in
connection with this Agreement, and irrevocably waive, to the fullest extent permitted by law,
any objection which you may now or hereafter have to such venue or jurisdiction of any such
proceedings.
SEVERABILITY In the event that a court of competent jurisdiction determines that any of the
provisions of this Agreement are void or unenforceable, the validity and enforceability of the
remaining provisions shall not be affected.
PARAGRAPH HEADINGS
Paragraph headings in this Agreement are provided solely for convenience and shall not be
construed as affecting any rights or obligations under this Agreement.