Effective Date: September 1, 2019
Welcome to MyGrandOpening.com (the “Site”), which is owned and operated by D. STIRLING ENTERPRISES LLC (“we”). Please read these Terms of Use and our Privacy Policy (click here) carefully before using the Site. These Terms of Use, together with our Privacy Policy (click here), constitute the legal contract between you and us concerning your use of the Site, including any purchase you make on the Site. By using this Site, you signify your acceptance and consent to be bound by these Terms of Use. If you disagree with any of these Terms of Use, please do not use the Site.
We reserve the right to amend these Terms of Use at any time. We will inform you of any material changes to these Terms of Use by posting a notice on the Site. If you are on our emailing list or if you have an account on the Site, we may also notify you of such material changes via email. By continuing to use the Site after such notice, you agree to be bound by these Terms of Use as modified.
- Intellectual Property
1.1 Except for User Material (as defined below), all content and material made available on the Site (collectively “Site Content”), including, without limitation, business product photos and images, graphics, designs, artwork, text, written/editorial material, audios, videos, animations, databases, layouts, user interfaces, software programs (including their source code and object code), and social media applications and plug-ins, belong exclusively to us and/or our licensors and business partners, and are protected by U.S. and international copyright laws.
1.2 The terms “MYGRANDOPENING,” MYGRANDOPENING.COM” “MGO” “MYGRANDOPENING PRODUCTS,” “MYGRANDOPENING SERVICES,” and associated logos and designs (collectively “Our Marks”) are our proprietary trademarks and service marks, and are protected by U.S. federal and state laws. All other marks and logos are trademarks and/or service marks of their respective owners.
1.3 As used herein, “User Material” means any visual, graphic, pictorial, photographic, written, or other material furnished to us by any user of the Site. You retain ownership of all User Material furnished by you, but subject to your license grant to us as set forth in Section 2.6 below.
1.4 The artwork, designs, trademarks and logos shown on products on the Site are for illustration purposes only and do not represent endorsements by – or production for – the owners of such artwork, designs, marks or logos. Such illustrations are not meant to be advertisements. Items as pictured with third-party trademarks, designs and logos are not for sale to anyone other than those expressly authorized by the owners of such trademarks, designs and logos.
- Terms and Conditions of Use
Without limitation to the rest of these Terms of Use, your use of the Site and Site Content is expressly subject to all of the following:
2.1 Eligibility: By using the Site, you represent and warrant that: (i) you are at least 18 years of age when using the Site; (ii) all information you submit to us on the Site is your own information and is truthful and accurate; and (iii) your use of the Site does not violate any applicable law or regulation. Only persons who are 18 or older are permitted to register and make a purchase on the Site. We reserve the right to verify your age before any registration or purchase by you is allowed on the Site.
2.2 Our Limited License to You: Subject to all other terms and conditions set forth herein, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive license to access and use the Site and Site Content for your own business or personal uses ONLY, including viewing, downloading and printing our service and our product information, photos and images for your own internal reference and evaluation and for engaging in transactions with us. Any breach of these Terms of Use by you will result in immediate revocation of the foregoing license with or without notice.
2.3 Prohibited Conduct:
2.3.1 Except as expressly stated in Section 2.2 above, you may NOT copy, reproduce, download content from, republish, redistribute, create derivative works from, modify, reverse-engineer, disassemble, decompile, or otherwise use or exploit the Site or any Site Content. In any event, you may NOT make any illegal, abusive, harmful or improper use of the Site or any Site Content, or do anything that interferes with other users’ access and use of the Site or any Site Content. Without limitation to the generality of the foregoing, you are strictly prohibited from: (i) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or our system, network or server; (ii) making unauthorized access (including access that exceeds the scope of authorization) to the Site, our system, network or server, or any user account; and (iii) crawling, scraping, or otherwise collecting or taking any data or Site Content from the Site, including through the use of bots, web crawlers, or similar automated programs or processes.
2.3.2 Except for the limited purpose of making truthful and non-misleading references and attributions to us, the Site, and/or our products and services, you may NOT make use of any of Our Marks, or any variations thereof, for any purpose or in any manner, without our express prior written authorization. In any event, you may NOT use any of Our Marks in connection with any product or service in any way that is likely to cause confusion or deception, or in any manner that disparages or discredits us or the Site. In addition, you may NOT use any of Our Marks in meta tags or as ad keywords without our express prior written authorization.
2.3.3 You may NOT furnish any User Material that: (i) violates or infringes any copyright, trademark, trade dress, right of publicity, right of privacy, or any other property, personal or proprietary right of any person or entity; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
2.4 User Material Furnished by You: By furnishing User Material to us, (i) you grant to us a non-exclusive license (with the right to sublicense to our vendors, suppliers and our fulfillment partners) to use and reproduce such User Material to make custom products in fulfillment of your order(s) with us; (ii) you represent and warrant that you own and control all rights in and to such User Material and have the legal right and authority to grant the aforementioned license to us; and (iii) you agree to defend, indemnify and hold us and our officers, directors, employees, agents, Account Executives, sales representatives, suppliers, and fulfillment partners harmless pursuant to Section 4.1 below, in the event any User Material furnished by you infringes upon, violates or misappropriates any property, personal or proprietary right of any person or entity.
2.5 Account Security: If you have an account on the Site, you are solely responsible for safeguarding your account access information (including username and password). If you share such information with others, you will be responsible for all activities on your account by those with whom you share account access information, including all communications, submissions, purchases, and other transactions made through your account. You shall immediately notify us of any unauthorized use of your account access information or any unauthorized or suspicious activity on your account.
2.6 Our Reservation of Rights: You expressly acknowledge and agree that we reserve the right to refuse service, suspend or terminate your account, and/or cancel your order(s) at our sole discretion, including, without limitation, if we believe or suspect that you violate any applicable law or any of these Terms of Use.
2.7 No Warranties: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL SITE CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT THE SITE OR ANY SITE CONTENT IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
2.8 Limitation of Liability: BY USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY SITE CONTENT, OR YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Terms and Conditions of Sale
This entire Section 3 applies to e-commerce orders only. By placing an order with us on the Site (including a telephone order placed with our e-commerce customer service team), you acknowledge and agree that your purchase is expressly subject to all of the additional terms and conditions set forth below. Please note that we are not bound by any terms or conditions written, printed or otherwise included in any correspondence or documentation provided by you, unless we expressly and affirmatively accept such terms or conditions in writing.
3.1 Order of service or product and Fulfillment Process:
Immediately after you place your order of service or product online, you will receive an automated confirmation email from the Site. If you have artwork that you did not upload to the Site during the ordering process, you may simply reply to the order confirmation email, attach your art, and send. [NOTE: Our email system accepts messages up to 10 MB; if your email is larger, please contact Customer Service (see the Contact Us page) for an alternative delivery method.] Shortly thereafter during non-holiday business hours, one of our Customer Service representatives will review your order, dates and artwork, and contact you with any questions. Simultaneously, we will submit your order for processing, at which time you will receive a second order confirmation via email. It will look different from the one you initially receive from the Site, as it will come from a different system. Please note that our supplier’s stock/inventory availability will directly affect the production and shipping time for your order.
Your service and or product order will then go through the following phases:
(i) Pre-Production Phase – This includes art preparation, submission of the proof to you for approval, our approval of your credit card/payment option, and our processing of your tax exempt certificate (if applicable). We will not submit your order to production until we have received your approval of the proof (if applicable).
(ii) Production Phase – Production phase begins when we authorize the website designers to begin production. Again, we will not submit your order to production until we have received your approval of the proof if (applicable) For each product or service listed for publish on the Site, we list the ESTIMATED average production time (in days) for such product, as may be amended by us from time to time. Production days do not include the day your proof approval is received and also do not include shipping time. If we receive your proof approval after 3:00 PM (Central Time), it will be considered as if received the following business day. Actual production time may vary depending on the workload of the supplier we use for a given product and or service. Rush production and expedited shipping options may be available; contact Customer Service (see the Contact Us page) to discuss options.
(iii) Shipping Phase – This refers to time in transit by the selected carrier.
3.2 Order Change/Cancellation:
3.2.1 Change/Cancellation by You Before the Pre-Production Phase Begins: You can change or cancel your order without incurring a change or cancellation fee in most cases. For a change order, the pricing may change from the original quote depending on your new requirements.
3.2.2 Change/Cancellation by You During the Pre-Production Phase: You can change or cancel your order, PROVIDED that you will be required to pay us all applicable charges (such as an art preparation charge; see our FAQ page for more information) incurred for all preparation work done up to your change or cancellation, plus any change or cancellation fee that may be charged by our supplier (which will be passed through to you). For a change order, the pricing may change from the original quote depending on your new requirements.
3.2.3 Change/Cancellation by You After the Production Phase Begins: IF YOU CANCEL YOUR ORDER, YOU WILL STILL BE OBLIGATED TO PAY THE FULL ORIGINAL AMOUNT QUOTED FOR YOUR ORDER. IF YOU CHANGE YOUR ORDER, YOU WILL BE OBLIGATED TO PAY THE FULL ORIGINAL AMOUNT QUOTED FOR YOUR ORDER, PLUS ANY ADDITIONAL AMOUNT DUE TO YOUR REQUESTED CHANGES.
3.2.4 Cancellation by Us Due to Shipment Delay: If, through no fault of yours, we are unable to ship your order by the shipment date that we have expressly and affirmatively confirmed to you in writing, we will promptly notify you of the situation and propose an alternative shipment date for your consideration. If you affirmatively accept our proposed alternative shipment date, the new date will supersede and replace the previously confirmed shipment date. If you do not accept our proposed alternative shipment date, we will cancel your order and issue a refund to you for the amount you previously paid for the canceled order.
3.2.5 Cancellation by Us for Other Reason: We reserve the right to cancel your order at any time for any reason upon written notice to you. In such case, we will issue a refund to you for the amount you previously paid for the canceled order.
3.3 Pricing: All prices are subject to change from time to time, and your purchase will be based on prices in effect at the time of order. All prices are exclusive of sales and other applicable taxes, shipping and handling and freight charges, and insurance costs, all of which will be your responsibility. When you place an order on the Site, we will provide an ESTIMATED total price which will include ESTIMATED sales and other applicable taxes, shipping & handling, etc. However, you acknowledge and agree that the final purchase price will be as stated on our invoice, which we will issue to you after your order has been shipped.
3.3.1 Sales Tax: We are a registered reseller in all states that collect sales tax. We must therefore collect appropriate state, county and/or city sales/use tax for your “Ship To” address (other than addresses in Delaware, Montana, New Hampshire and Oregon). If you are an organization that is exempt from sales tax, during checkout you will have the opportunity to tell us that your order is tax-exempt. However, we must have your current tax exempt certificate on file or your invoice will include applicable sales taxes.
3.3.2 Shipping & Handling Charges: During checkout, we will provide you an estimate for shipping and handling charges for your order. Final charges will be calculated by the carrier based on the final weight and carton dimensions of your order. Note that for bulky or oversize items the final shipping and handling charges may be more than our estimate provided during checkout due to oversize shipping cartons.
3.4 Payment Terms:
3.5.1 Except as otherwise provided in Section 3.5.2 below, all purchases must be paid for in advance at the time of order.
(i) Payment by credit card is the fastest way to get your order into production, and we accept VISA, MasterCard, American Express and Discover. We will authorize your credit card while your order is being processed.
(ii) If you use a debit card, your bank will hold funds from your checking account at the time of authorization, and then your bank will remit payment to us.
(iii) By using a credit card or debit card, you represent and warrant that: (i) all credit/debit card information you supply to us belongs to you and is current and accurate; and (ii) all charges incurred by you will be honored by your credit card company or your bank.
Please contact Customer Service (see the Contact Us page) if you wish to pay by check or money order.
3.5.2 All payments must be in United States dollars. Your current and complete billing address and contact information must be included with every order.
3.6 Shipping Terms:
3.6.1 Our standard carrier is UPS. We offer Ground, Next Day Air Saver and 2nd Day Air. If you require additional options, please contact Customer Service (see the Contact Us page). If you prefer to use your shipping account, you will have the opportunity to enter your shipper and account number during checkout.
3.7 Defective Products and or Services:
3.7.1 All claims for defective products and or services must be made with Customer Service (see the Contact Us page) NO LATER THAN 10 days from the date of your receipt of the products.
3.7.2 All returns are subject to the following requirements:
(i) You must request and receive from Customer Service (see the Contact Us page) a Return Authorization Number before making a return; DO NOT ship products you wish to return until you receive instructions from Customer Service;
(ii) Unless expressly otherwise approved in writing by Customer Service, all products returned must be in their original packaging and must be in substantially the same original condition as shipped; and
(iii) Products that have been used or have been damaged while in your possession are not returnable for replacement or refund.
3.7.3 YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS AND OR SERVICE PROVIDED WILL BE, ENTIRELY AT OUR ELECTION, (I) REPLACEMENT OF THE PRODUCTS AND OR SERVICE AT NO COST TO YOU OR (II) A REFUND OF THE PURCHASE PRICE PAID BY YOU.
3.8 No Warranties: BY MAKING A PURCHASE FROM US, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL PRODUCTS AND OR SERVICES PROVIDED ARE SOLD “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE NEITHER MAKE NOR ASSUME, AND DO NOT AUTHORIZE ANY OTHER PERSON TO MAKE OR ASSUME, ANY OBLIGATION, LIABILITY OR WARRANTY IN CONNECTION WITH ANY PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
3.9 Limitation of Liability:
3.9.1 BY MAKING A PURCHASE AND OR SERVICES FROM US, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH: (I) ANY PRODUCTS YOU PURCHASE FROM US, OR YOUR USE, CONSUMPTION, RESALE OR FURTHER DISTRIBUTION OF SUCH PRODUCTS, OR ANY DEFECTS IN SUCH PRODUCTS; (II) OUR FAILURE TO FILL YOUR ORDER IN WHOLE OR IN PART, OR ANY ERROR IN OUR FILLING OF YOUR ORDER; OR (III) ANY DELAY IN PRODUCTION, SHIPMENT OR DELIVERY OF YOUR ORDER, OR OUR FAILURE TO NOTIFY YOU OF SUCH DELAY; REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.9.2 BY MAKING A PURCHASE FROM US, YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR PURCHASE OR USE OF ANY PRODUCTS, EXCEED THE TOTAL AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US FOR SUCH PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- General Terms
4.1 Indemnification by You: BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ACCOUNT EXECUTIVES, SALES REPRESENTATIVES, SUPPLIERS, AND FULFILLMENT PARTNERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, PENALTIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS) (COLLECTIVELY “CLAIMS”) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY YOU; (III) YOUR USE, MISUSE, RESALE OR FURTHER DISTRIBUTION OF ANY PRODUCTS YOU PURCHASE FROM US; OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF USE OR ANY APPLICABLE LAW.
4.2 Governing Law; Jurisdiction: By using the Site, you expressly acknowledge and agree that:
(i) the Site shall be deemed solely based in the State of California;
(ii) these Terms of Use, as well as our Privacy Policy (click here), including all controversies arising out of or in connection with these Terms of Use and/or our Privacy Policy, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provision (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California; and
(iii) the Circuit Court of California, Los Angeles County, and the Federal District Court for the State of California and are the exclusive forums in which any disputes between you and us concerning your use of the Site, including any purchase you make on the Site, or concerning these Terms of Use and/or our Privacy Policy (click here), shall be heard, and such courts shall have jurisdiction over the parties, and you waive all objections to jurisdiction and venue.
4.3 Miscellaneous: These Terms of Use, together with our Privacy Policy (click here), constitute the entire agreement between you and us concerning your use of the Site, including any purchase you make on the Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, all of which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.