[]

Terms and Conditions

These Terms and Conditions, together with the Privacy Policy (the “Privacy Policy”), constitute a legally binding agreement between SLMD, Inc. d/b/a Arch Engraving and you. In these Terms and Conditions, Arch Engraving is sometimes referred to as “we” or “us” or “our” or "Arch.".

Age restrictions

You must be 18 years of age or older (or the age of majority, if higher) to order products from Arch Engraving (“Products”) or to use the archengraving.com website, as well as any Arch Engraving social media pages, postings, blogs, videos, or software apps. Collectively, the Arch Engraving website, social media pages, postings, blogs, videos, and software apps are referred to as the “Website”.

Legally binding agreement

By ordering Products or accessing the Website, you agree to be legally bound by these Terms and Conditions and the Privacy Policy.
Arch Engraving reserves the right to update these Terms and Conditions and the Privacy Policy at any time without prior notice. By continuing to access the Website or order Products, you will be legally bound by the then-current Terms and Conditions and Privacy Policy.

Payment

  • Default prices are in U.S. Dollars (USD).
  • On your request, we will send a proof for your review and approval before we produce your order. 
  • Depending on whether you have established credit with us, we may not produce your order until we receive full payment.
  • Changes to artwork, order specifications or production time may not be possible once all proofs are approved.
  • Payments will be collected by SLMD, Inc. dba Arch Engraving.

Sales tax

  • We charge sales tax on orders received from the State of Missouri, unless you have on file with us your current sales tax exemption.

Proofs

  • If you have requested a proof, or if the order is such that we require a proof, we require you to approve a proof before we produce your order.
  • The time it takes us to provide a proof will vary depending on our workload.
  • It is your responsibility to review your proof and approve it.
  • We are not liable for delays resulting from the proof approval process.
  • You are responsible for verifying the accuracy of your proof.
  • We will not make changes to your artwork after approval.
  • Proofs may not be provided for reorders.

Liability for errors

We are not liable for errors in a final product due to misspelling, grammar, punctuation, and size.

Production time

  • Production time begins once your proof is approved and full payment is made.
  • We are closed Saturdays, Sundays, and during our internally determined holiday schedule. We may also be closed or partially closed during Website outages, Product production equipment outages, weather emergencies, and other situations beyond our control. These days are not considered when calculating production time.
  • Production time does not include shipping transit time.
  • Production time is an estimate. We are not responsible for expedited delivery costs on orders that do not go out by the ship date.

Shipping

  • We are not responsible for delays caused by shipping carriers, weather, strikes, or other situations beyond our control, or for any damages resulting from the failure to receive an order on time.
  • Our responsibility is limited to preparing your order and delivering it for shipping.
  • We are not liable for damages that occur in shipping.

Product samples

By ordering from Arch Engraving you grant us the right to use your product in our marketing and as product samples. If you do not wish to have your work used let us know and we will gladly comply with your request.

Governing law

SLMD, Inc. is a corporation formed under the laws of the State of Missouri. The internal laws of the State of Missouri shall govern the performance of these Terms and Conditions, without regard to that state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Missouri for all disputes arising out of, or relating to, the Terms and Conditions, the Website and the Products.

Copyright notice

Except for materials submitted by you or other persons or entities or taken from the public domain, all text, artwork, graphics and other works of authorship created by or for Arch Engraving and made part of the Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of Arch Engraving.

Trademarks

We own the Arch Engraving trademark. You may not use, copy or alter any of our trademarks without our prior written consent. Other trademarks and service marks referenced at the Website may be the trademarks of their respective owners.

Use of website materials

You may access, print or download one copy of information from the Website for your personal use only, provided that you maintain all copyright and other proprietary notices contained in the materials. You may not otherwise access, use, copy, distribute, upload, modify, or reuse such information without the express written permission of Arch Engraving. Examples of prohibited actions include, without limitation, unauthorized copying of the Website content, scraping data from the Website, or using Website materials to create your own website.
Arch Engraving reserves the right, in its sole discretion and at any time, to disable your access to one or more features of the Website or terminate or suspend your account without notice. If we take action against your account, you will not open another account without our permission.
You may not engage in any activity related to the Website or Products in any manner that is unlawful or that violates the rights of Arch Engraving or any third party.
You may not remove, circumvent, disable or otherwise interfere with any security-related features of the Website.

International use

You agree not to download or otherwise export any items in violation of United States export controls. Although the Website may be accessed worldwide via the World Wide Web, we make no representation that materials accessed through the Website are appropriate or lawful outside the United States.

Ordering for third parties

If you use the Website to submit requests for or on behalf of a third party (“Third Party”), you are responsible for all Submissions and orders that you transmit. Despite the fact that you are submitting requests on behalf of a Third Party, you are directly responsible under these Terms and Conditions for fulfilling all user obligations and paying all applicable fees, charges and indemnification amounts.

Materials that you transmit

You, and not Arch Engraving, are solely responsible for all text, photos, images, data, audio, video, and other materials of any kind (“Submissions”) that you upload, post, email or otherwise transmit (collectively, “transmit”) via any portion of the Website. By transmitting your Submissions to Arch Engraving, you are certifying to us that you have the right to use and submit the Submissions and to authorize us to create the Products you order. You agree not to use the Website to transmit: any Submissions that are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions.
Arch Engraving does not endorse the contents of any Submissions and expressly disclaims any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove or delete any Submissions that you Transmit or attempt to Transmit, to terminate your access to the Website, to close your account, and to reject any orders, all without giving our reason for doing so.
Arch Engraving is not responsible for the loss or damage of your Submissions. We are not obligated to store and preserve your Submission. We may delete all Submissions as soon as Products have been shipped. If you desire a copy of your Submission, you should arrange to independently record or preserve your Submission.
When you use the Website or order Products, you represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You must provide a valid email address and any other information requested by Arch Engraving to complete your order. You are responsible for maintaining the confidentiality of your Arch Engraving login information and are fully responsible for all activities that occur under your account. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to immediately notify Arch Engraving of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
You agree to let us, in our sole discretion, display your Submissions and finished Products on the Website and distribute samples of your Products.

Indemnification

You hereby agree to indemnify and hold harmless Arch Engraving and its owners, managers, directors, officer, employees, agents and affiliates, from and against any and all liability, cost and expense, including reasonable attorneys’ fees, arising from or related to any Submissions that you Transmit, or your violation of these Terms of Use, or your use or misuse of the Website or Products.

Submissions of other users

You acknowledge that in using the Website you will be exposed to Submissions of other users and that Arch Engraving is not responsible for the content of those Submissions. You further acknowledge that you may be exposed to Submissions of other users that are inaccurate, offensive, indecent or otherwise problematic or objectionable.

Third party products, services and links

The Website may contain links to third party sites or resources, as well as third party products or services, that are not under the control of Arch Engraving. Such links, products and services are provided to you as a convenience only, and Arch Engraving is not responsible for any such site, product or service. The inclusion of such items does not imply that Arch Engraving endorses or accepts any responsibility for the content or the use of them. If you use third party links, products or services, you will be subject to the third party’s Terms of Use, Privacy Policy, and other contractual provisions.

Grant of license to you

If from time to time the Website includes a Arch Engraving app that you are authorized to access (“App”), Arch Engraving grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the relevant App on one mobile device owned or leased solely by you, for your personal use. You may not: modify, disassemble, decompile or reverse engineer said App except as otherwise provided by law, or rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to a third party, or make any copies of the App, or remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, or delete the copyright and other proprietary rights notices on the App. You acknowledge that Arch Engraving may from time to time issue upgraded versions of an App and may remotely upgrade the version on your mobile device or require you to do so.

LIMITED WARRANTY

  • All sales are final.
  • All Orders are provided on a Custom Basis. Each item is designed, assembled and personalized with engraving and/or imprinting, and once built it is non-returnable as it cannot be sold to other customers due to the custom nature of the item in question.
  • We must be notified with 72 hours from delivery of any defects.
  • We may request that you return 100% of a defective order within 5 days before we agree to redo your order.
  • There is No Refund even if the engraving is due to an error on our part. We will correct any errors, or re-engrave with the correction on a new item of similarity. Any spelling errors on the customers part are the responsibility of the customer. - We can only engrave what we are asked to engrave and as a general policy we do no proof, or spell check text submitted by a customer as there are valid reasons to mis-spell certain words.
  • If there is an error on engraving or other personalization method utilized that is due to an error on our part, you may request a return merchandise authorization to return the item within 15 days after the date your order was shipped or delivered and we will make any corrections at our expense with like or similar item as may be available. 
  • When reproducing an order, the original production time and shipping method will be used.
  • This limited warranty is your sole warranty concerning the Products.
DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OR AS PROVIDED BY LAW, THE WEBSITE AND THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR WARRANTIES RELATED TO BEING ACCURATE, SAFE, AVAILABLE, UNINTERRUPTED, DEFECT-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE TOTAL LIABILITY OF ARCH ENGRAVING, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM FOR THE SPECIFIC PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.

EXCLUSION OF DAMAGES

EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL ARCH ENGRAVING, ITS OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Miscellaneous

This Agreement represents the entire agreement between Arch Engraving and you. If we waive your breach of any provision of this Agreement, we have not waived our rights to pursue your subsequent breach of that provision or any other provision of this Agreement. The determination by a court of competent jurisdiction that any portion of this Agreement is invalid or unenforceable on any ground shall not affect the validity and enforceability of any other portion of this Agreement.
Trans