Terms & Conditions

 

In using this website you are deemed to have read and agreed to the following terms and conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE REGISTERING ON THE NAME YOUR PRICE DISPLAYS ("NYP”) WEBSITE. BY REGISTERING WITH THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS set FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. NYP RESERVES THE RIGHT TO update OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE TO USER.

 

ALL USERS AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS.

 

NYP shall not be responsible for a User’s access or use of NYP’S website, and the lack of a User accessing or using NYP’S website shall in no way relieve the User of liability for any issues which may arise based on modification of such terms contained therein.


GENERAL TERMS AND CONDITIONS FOR ALL USERS OF NAME YOUR PRICE DISPLAYS

NYP is a retail website that sells displays, display accessories and associated items. Once a User submits a price on an item, they are commencing a sale and thus bound to following through with the payment process. Similarly, if a User completes the order process of an item on the website, a sale has commenced and NYP will collect payment via the method the User designates.


NO AGENCY

Users and NYP are separate and independent parties, and therefore no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.

 

RESTRICTED VIEWING

A party who has not registered with NYP is limited to viewing the inventory and requesting limited information regarding Items in NYPS’s inventory and may not enter into any arrangement to either buy or sell Items through NYP without registering with NYP. HOWEVER ALL RESTRICTED VIEWERS AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

REGISTRATION REQUIRED

In order to enter into any arrangement or agreement to buy items through NYP’s website, the User must register through NameYourPriceDisplays.com. Upon registration, the User agrees to be bound by the Terms and Conditions set forth herein. Individuals must be age 18 or older in order to be permitted to register or bid on NYP’s website.

 

ACCEPTANCE OF TERMS AND CONDITIONS

All Users of NYP expressly acknowledge and agree that they have read, understood and have accepted all Terms and Conditions herein.

User understands and agrees that NYP may, at its sole discretion, at any time, change, modify, add or delete any portion of these Terms and Conditions, in whole or in part, without providing any notice to the User, merely by posting such changes on the NYP website.

 

NO ONE MAY MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT THE EXPRESS WRITTEN CONSENT OF NYP. ANY UNAUTHORIZED USE OF THE MATERIALS ON THIS SITE MAY RESULT IN CRIMINAL AND/OR CIVIL PENALTIES. BOE RESERVES THE RIGHT TO PURSUE ANY AND ALL PENALTIES AVAILABLE FOR UNAUTHORIZED USE.

 

Without limiting other remedies, NYP reserves the right at its sole discretion to limit, suspend, terminate, block or prohibit Users access to its site and services.


USERS

NYP will follow up an accepted offer via email to the registered email address of the User with an invoice/receipt for the item purchased. If in any instance, payment has not been processed or was unable to be processed the Payment is due immediately following delivery of the invoice notification. If Payment is not received by NYP within 2 business days following delivery of the invoice, NYP may cancel the Transaction.

Users expressly agree to fully cooperate with NYP to facilitate Payment processing on accepted offers.

 

BUYERS EXPRESSLY AGREE THAT THEY SHALL COMPLETE, PRIOR TO THE TIME ORDERS SHALL BE SHIPPED, IF APPROPRIATE AND PRACTICAL, (AND IF NOT PRACTICAL, AS SOON AS SO REQUESTED OR REQUIRED) ANY AND ALL FORMS, SHIPMENT REQUIREMENTS, OR OTHERWISE, WHETHER IMPOSED BY LOCAL, STATE, OR FEDERAL AGENCIES OR THE PARTIES TO A TRANSACTION THEMSELVES.

 

RETURNS

All Sales are final

Returns of Items shall not be permitted except under the following conditions:

1.If a written agreement has been granted by NYP prior to shipment.

2.In rare instances, the HARDWARE in an item may malfunction, NYP will replace it at no charge to the Buyer.

Important Note:Color reproduction cannot be guaranteed; nuances may not be visible on screen. If color accuracy is critical, please don’t choose a color based upon what you seen on screen. Screens do vary. Please ask for swatch samples of our fabric panels before ordering. We do our best to produce your graphics and 99% of our customers are 100% satisfied with our results. However, if the color accuracy of your artwork on graphic panels is critical, please order a proof. The cost is only $15.00 plus shipping. The cost of redoing all of your graphics could run as much as $2,000.


TAXES

Buyer is solely responsible for any applicable local, state or federal taxes due from the Transaction.


SHIPPING

All NYP Orders Are Shipped Via Our FedEx Account Ground, Unless Expedited Shipping Is Requested. We Do Not Ship On Third Party Accounts. NYP is not responsible for products damaged during shipping unless shipped on our FedEx account. Should shipment via NYP specified carrier be lost or damaged in transit, NYP will repair or replace said shipment at its discretion at no charge to the customer. NYP will not be responsible for any incidental claims for damages to the customer or their end user including, but not limited to, show costs, I & D costs, or expedited or overnight shipping charges. Replacement for lost or damaged shipment(s) by NYP carrier will be shipped same class of service originally requested by the customer. Should customer require upgraded/expedited delivery service, any additional shipping costs will be billed to and prepaid by the customer.

 

PRIVACY

We are committed to protecting your privacy. We constantly review our systems and data to ensure the best possible service to our customers. Please see our Privacy Policy. Please see our Privacy Policy for concerns related to Privacy.

 

CONFIDENTIALITY

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by NYP will only be in connection with the provision of agreed services and products. Please see our Privacy Policy.


DISCLAIMER OF WARRANTIES

NYP MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, MATERIALS, PRODUCTS OR ITS SERVICES AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NYP DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND ANY PARTY WHICH ACCESSES OR USES NYP’s WEBSITE MAY NOT RELY ON ANY STATEMENT OF WARRANTY. THE SITE AND/OR THE MATERIALS MAY CONTAIN TYPOGRAPHIC ERRORS OR INACCURACIES. NYP DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR MATERIALS INCLUDING ANY OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE WHICH MATERIAL MAY ORIGINATE FROM ANOTHER WEB SITE. ANY PARTY WHICH ACCESSES OR USES NYP’s WEBSITE EXPRESSLY ACKNOWLEDGES THAT ANY RELIANCE ON THE WEBSITE OR ANY MATERIAL OR INFORMATION AVAIALABLE ON NYP’s WEBSITE IS AT THE ACCESSOR’S OR USER’S SOLE RISK. NYP MAY, IN ITS SOLE DISCRETION, CORRECT OR CHANGE THE SITE, MATERIALS, PRODUCTS OR ITS SERVICES AT ANY TIME.

 

NYP makes no warranty regarding the completeness, mechanical condition, marketability or suitability for any particular purpose of any Items sold on its website OTHER THAN THOSE SPECIFICED.

 

NYP is not responsible for the safety, condition, operation or use of any Item listed on this website. All Items are sold "AS IS”.

 

DISCLAIMER OF ACCURACY

NYP TAKES NO RESPONSIBILITY FOR MISREPRESENTATION, MISLEADING OR ACCURACY OF LISTING.


LIMITATION OF LIABILITY

NEITHER NYP NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES OF ANY OF THEM, SHALL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION IN ANY WAY WITH THE USE OF OR INABILITY TO USE NYP’S WEBSITE, SERVICES OR APPLICATIONS. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE, AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, PROGRAMS, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

ANY DISPUTES ARISING FROM A TRANSACTION OR FAILURE TO COMPLETE A TRANSACTION SHALL BE EXCLUSIVELY BETWEEN THE BUYER AND THE SELLER.

NYP ASSUMES NO LIABILITY FOR ANY DAMAGES CAUSED TO BUYERS DUE TO FAILURE TO COMPLETE A TRANSACTION.

NYP MAKES NO GUARANTEE THAT ANY BUYER OR POTENTIAL BUYER WILL BE WILLING OR ABLE TO COMPLETE A TRANSACTION.


LINKS

From time to time this website may also include links to third party websites or resources. These links are provided for your convenience to provide further information or resources. Links to such websites or resources do not signify that NYP endorses the website(s) or resources. NYP has no responsibility for the content of the linked website(s) or functionality of such website(s).You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


ACTS OF GOD AND NATURE

NYP or Buyers/Users shall be liable for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made act outside of our control, which causes Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.


INDEMNITY AND RELEASE

Buyers/Users expressly agree to indemnify and forever hold harmless NYP for any and all activities undertaken in a Transaction unless a claim based on such activity should arise based solely on NYP’s gross misconduct or negligence.

 

CHOICE AND COMPLIANCE OF LAW

NYP’s Website is operated and provided in the State of California. As such, all Users are subject to the laws of the State of California, and such laws govern these Terms of Use, without giving effect to any choice of law rules. NYP makes no representation that our Web site or services are legal or available for use in other locations, domestic or international. Accordingly, if you choose to access this site you agree to be governed and subjected to the laws of the State of CALIFORNIA.

 

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this site or NYP’s services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

 

ARBITRATION

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

All Users and Buyers agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, related to this agreement, and any claim or dispute related to this agreement or the relationship or duties contemplated under these terms and conditions, including the validity of this arbitration clause, shall be resolved by binding arbitration pursuant to the State of California and all arbitration hearings shall take place in the State of California. The arbitration award shall be in writing and shall specify the basis for the award. In rendering the award, the arbitrators shall determine the rights and obligations of the parties in accordance to the substantive laws of California, without regard to conflict of laws provisions. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof and the costs and reasonable attorney's fees incurred in connection with any action to conform the arbitration award shall be awarded by the court. Neither party, nor the arbitrators, may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 

ENFORCEABILITY/SURVIVAL

The invalidity, illegality or unenforceability of any provision of this Terms and Conditions shall not affect the other provisions, which shall remain in full force and effect.


ENTIRE AGREEMENT

The Terms and Conditions contained herein constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersede all previous communications or representations, if any, whether oral or written, between NYP and the Buyer. No course or prior dealings between the parties and no custom or usage of trade in the Industry shall be used to interpret, construe or supplement the terms and conditions hereof.

 

COPYRIGHT

All contents of the NameYourPriceDisplays.com website are the sole property of You’re your Price Displays Copyright © 2015. ALL RIGHTS RESERVED.


TRADEMARK

Name Your Price Displays is a registered Trademark and all rights to such trademark vests solely in Name Your Price Displays.

 

Other Trademarks, products or company names used on this website may be trademarks of their respective owners.

 

updated: 4/24/2015

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