Terms of service

Welcome to the [custommadebetter.com] website (the “Site”). Custom Made Better, LLC, including any affiliates or subsidiaries (“Custom made Better”, “we”, “us” or “our”) provides the Site, and the services on the Site, to you subject to the following terms and conditions (the “Terms of Use”). These Terms of Use set forth the terms governing your use of the Site. In addition, when you use any service on the Site you will also be subject to the rules, policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference. Please visit the Site regularly for updates.

Please read these Terms of Use carefully before you continue to use the Site or submit any information to South Wake Vinyl through the Site. Your use of the Site in any form and/or your submission of any information through the Site constitutes your agreement to be bound by these Terms of Use. South Wake Vinyl reserves the right to modify these Terms of Use from time to time. Any such modifications shall be effective immediately upon being posted to the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified.

IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO SOUTH WAKE VINYL THROUGH THE SITE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SOUTH WAKE VINYL, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

Restrictions on Use of the Site. Subject to the terms and conditions of these Terms of Use, South Wake Vinyl hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site solely for purposes of purchasing or reviewing South Wake Vinyl merchandise and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Site or any Content without South Wake Vinyl’s prior written consent.

You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.

Ownership of Content. Our Site includes a combination of content that we, our users and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us at: melody@southwakevinyl.com

“South Wake Vinyl” is owned by South Wake Vinyl, LLC, and may not be used or displayed without the prior written consent of South Wake Vinyl. Other trademarks, service marks and company names and logos appearing on the Site are the property of South Wake Vinyl, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.

Posting and Transmitting Content. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Site (“Your Content”). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by South Wake Vinyl in its sole discretion) or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead South Wake Vinyl or its service providers.

We have the right, but not the obligation, to remove any Content posted to the Site by Site users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable. Your use of the Site constitutes your acknowledgment that you bear all risks associated with your use of the Site.

Grant of License. You certify that you own all intellectual property rights in Your Content. South Wake Vinyl and its service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Site you grant South Wake Vinyl a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.

Registration and Account Responsibility. Registration on the Site is available to anyone 18 years of age or older who truthfully and accurately provides all required information, including a legitimate email address, and who obtains a unique username and password. Each time you use your username and password on the Site you will be deemed an authorized user of the Site in a manner consistent with these Terms of Use. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on, the Site including, without limitation, all transmissions and obligations (which shall include, without limitation, all financial obligations) with your username and password whether or not such access or use was authorized by you. You shall immediately notify South Wake Vinyl of any unauthorized access to, or use of, your username and/or password or any other breach or threatened breach of the Site’s security of which you become aware.

Privacy Policy. We respect your privacy and are committed to protecting it. All of the information that we collect from you and all of the information you provide to us (including, without limitation, personally identifiable information) is subject to our Privacy Policy. Please click here to see our full Privacy Policy.

Site Directed at United States Visitors. The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Product Information. Merchandise displayed on the Site may be available in select South Wake Vinyl stores (including, without limitation, the Site) or department stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available for purchase. South Wake Vinyl tries to maintain accurate information on the Site regarding product availability, size and pricing; however, South Wake Vinyl does not guarantee that any such information will be accurate. In addition, the actual colors of the products displayed on the Site will depend on the settings of your monitor, and South Wake Vinyl cannot guarantee that your monitor’s display of any color will be accurate.

Prices and Payment Terms.

All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

By agreeing to these Terms, you consent that the payment processing services for goods purchased on this website are provided by Shopify or Paypal on behalf of South Wake Vinyl.

Shipments; Delivery; Title and Risk of Loss.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Site Transactions. You agree that your order is an offer to buy, under these Terms of Use, all products or services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. South Wake Vinyl reserves the right to refuse, in its sole discretion, any order placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by South Wake Vinyl). South Wake Vinyl further reserves the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, South Wake Vinyl will attempt to notify you of such cancellation or change; however, South Wake Vinyl does not guarantee that you will receive such notice. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at [919-673-0457].

Links to Third Party Sites. To provide you with access to related sites, our Site may contain links to third party websites. By clicking on or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies. South Wake Vinyl is not responsible for the privacy practices or the content of any such third party websites, including any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. South Wake Vinyl is not affiliated with, and does not endorse or sponsor, any such third party website or any product or service of any such third party. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.

Disclaimers. We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (III) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (V) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (VI) ANY ERRORS ON THE SITE WILL BE CORRECTED.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (1) WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE, OR (2)) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

Limitation of Liability. IN NO EVENT, INCLUDING BUT NOT LIMITED TO SOUTH WAKE VINYL’S NEGLIGENCE, SHALL SOUTH WAKE VINYL OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT. IN NO EVENT SOUTH WAKE VINYL'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Injunctive Relief. You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of South Wake Vinyl will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Indemnification. You agree to indemnify, defend and hold South Wake Vinyl and all of its officers, directors, employees, agents, service providers, and licensors (collectively, the “South Wake Vinyl Parties”) harmless from and against any and all liability, losses, costs, and expenses (including, without limitation, attorneys’ fees) incurred by any South Wake Vinyl Party in connection with any claim arising out of or in connection with any breach by you of these Terms of Use or your foregoing representations, warranties or covenants, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of your use of the Site; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; the content, the quality, or the performance of content that you submit to the Site; your connection to the Site; your violation of these Terms of Use; or your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You shall not in any event settle any matter without the written consent of South Wake Vinyl.

Termination. South Wake Vinyl may terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that South Wake Vinyl, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, South Wake Vinyl or its affiliates.

Governing Law. By visiting or using the Site, you agree that the laws of the State of North Carolina, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Use and any dispute of any sort that might arise between you and South Wake Vinyl. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Wake County, North Carolina, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice. South Wake Vinyl respects the copyright interests of others and, as such, requires our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright please report the violation. In the case of a copyright violation please provide the following information:

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Site (including the exact URL);
an address, a telephone number, and an email address where we can contact you and, if different, an email address where the alleged infringing party, if not South Wake Vinyl, can contact you;

a statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and

a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

All notices should be sent to our designated agent as follows:

South Wake Vinyl, LLC
_____________________
_____________________

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.

Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), and their successor and supplemental regulations (collectively, “Export Regulations”).

Miscellaneous. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through the email address we have for you. We cannot be held liable if we fail to notify you via mail or email. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within six (6) months after such claim or cause of action arose or it will be forever barred. These Terms of Use, and all terms, conditions, and policies that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and South Wake Vinyl and govern your use of the Site, superseding any prior agreements that you may have with us. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in full force and effect.

Our Address. Please send any questions or comments regarding this Site and these Terms of Use to:

Custom Made Better

7232 GB Alford Highway, Suite 14

Holly Springs, NC 27540