1. The Web Site Service and Products.

Awesome Merchandise provides Internet-based services through the Web Site (all such services, collectively, the "Web Site Service") enabling users to create customized t-shirts, stickers, banners and other products (collectively, the “Products”).

2. Use of the Web Site Service and Products.

2.1 Eligibility. Awesome Merchandise will only knowingly provide the Web Site Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Web Site Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Web Site Service is not intended for children under the age of 13.

2.2 Compliance with Terms of Use and Applicable Law. You must comply with all of the terms and conditions of these Terms of Use, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Web Site Service and the Web Site.

2.3 Your License to Use the Web Site and the Web Site Service.

(a) Awesome Merchandise solely and exclusively owns all intellectual property and other rights, title and interest in and to the Web Site Service and Web Site, except as expressly provided for in these Terms of Use. The name AWESOME MERCHANDISE, the Awesome Merchandise logo and all related logos, names, product and service names, designs and slogans are trademarks of the Company or its affiliates and licensors. You may not use such marks without the prior written permission of Awesome Merchandise and you will not acquire any right, title or interest in such marks under these Terms of Use or otherwise.

(b) Awesome Merchandise grants you a limited revocable license to access and use the Web Site and the Web Site Service for its intended purposes, subject to your compliance with these Terms of Use. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by Awesome Merchandise; to compete with Awesome Merchandise; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching). If you use the Web Site in a manner that exceeds the scope of this license or breach this Terms of Use, Awesome Merchandise may revoke the license granted to you AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.

(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 5.

2.4 Third-Party Services. Awesome Merchandise may use third parties to provide certain services accessible through the Web Site. Awesome Merchandise does not control those third parties or their services, and you agree that Awesome Merchandise LLC will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms of Use when you use these services. If any such terms or policies conflict with these Terms of Use, agreements or policies, you must comply with these Terms of Use and any other applicable Awesome Merchandise agreements or policies.

3. Online Purchases and Terms of Sale.

All purchases through the Web Site or other transactions for the sale of services or products through the Web Site or as a result of visits made by you are governed by our Terms of Sale which are hereby incorporated into these Terms of Use.

4. Prohibited Use.

You may only use the Web Site Service as expressly permitted by Awesome Merchandise LLC. You may not cause harm to the Web Site or the Web Site Service. Specifically, but not by way of limitation, you may not: (i) interfere with the Web Site Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Web Site Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Web Site Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain the Awesome Merchandise name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the Web Site Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

5. Use of Your Content.

You do not lose ownership of the content you design on, or upload to, the Web Site (your “Content”). By uploading designs to the Web Site or creating designs with Awesome Merchandise LLC's tools, however, you grant the following licenses to Awesome Merchandise: the nonexclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute the Content in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Web Site and the Products; and the right to make modifications to your Content as Awesome Merchandise, in its sole discretion, finds necessary to achieve the above listed purposes.

You may remove the Content at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content that you designed or uploaded and notify Awesome Merchandise of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Awesome Merchandise may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials.

6. Monitoring and Enforcement; Termination.

6.1 Monitoring and Enforcement. Awesome Merchandise reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Web Site. If Awesome Merchandise determines, in its sole and absolute discretion, that you or another Awesome Merchandise LLC user have breached or anticipate your breach of a term of these Terms of Use or that such transaction or communication is inappropriate, Awesome Merchandise may cancel such transaction or take any other action to restrict access to or the availability of any material that we may consider objectionable, without any liability to you or any third party.

6.2 Modification of the Service. Awesome Merchandise LLC may modify the Web Site Service at any time with or without notice to you and will incur no liability for doing so.

7. Copyright Infringement.

If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

8. Geographic Restrictions.

Awesome Merchandise is based in the state of Texas in the United States. Awesome Merchandise provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local law

9. Representations and Warranties.

9.1 Mutual Representations and Warranties. You represent and warrant to Awesome Merchandise and Awesome Merchandise represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these Terms of Use, (ii) the execution and performance of your or its obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these Terms of Use are a legal, valid and binding obligation of the party entering into these Terms of Use, enforceable in accordance with their terms and conditions.

9.2 By You. You represent and warrant to Awesome Merchandise that, your use of the Web Site Service and any order that you place with Awesome Merchandise: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Awesome Merchandise LLC that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Awesome Merchandise will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Awesome Merchandise incurs in providing the Web Site Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

10. Disclaimers and Exclusions.

10.1 DISCLAIMER OF WARRANTIES. AWESOME MERCHANDISE PROVIDES THE WEB SITE AND WEB SITE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. AWESOME MERCHANDISE DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, WEB SITE SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. AWESOME MERCHANDISE MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

10.2 EXCLUSION OF DAMAGES. AWESOME MERCHANDISE 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, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Limitation of Liability.

EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS OF USE OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS OF USE, IN NO EVENT WILL THE LIABILITY OF AWESOME MERCHANDISE LLC EXCEED THE VALUE OF SIGNS RECEIVED OR SERVICES RENDERED. THE VALUE OF SIGNS OR SERVICES ARE LIMITED TO THE STATED VALUE ON THE AWESOME MERCHANDISE LLC WEB SITE OR AS STATED BY AN AUTHORIZED AWESOME MERCHANDISE LLC AGENT.

12. Indemnification.

You agree to indemnify and hold Awesome Merchandise LLC and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these Terms of Use through any act or omission, including but not limited to any claim that your content infringes or violates the legal rights of any other party. If you have to indemnify Awesome Merchandise under this Section, Awesome Merchandise will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Awesome Merchandise's express written permission.

13. Termination.

13.1 Termination. Awesome Merchandise may suspend or terminate your use of the Web Site or Web Site Service if it believes, in its sole and absolute discretion, that you have breached a term of these Terms of Use.

13.2 Survival. Notwithstanding Section 13.1 above, these Terms of Use will survive indefinitely unless and until Awesome Merchandise chooses to terminate them.

13.3 Effect of Termination. If you or Awesome Merchandise terminates your use of the Web Site or the Web Site Service, Awesome Merchandise may delete any Content or other materials relating to your use of the Web Site Service on Awesome Merchandise LLC's servers or otherwise in its possession and Awesome Merchandise will have no liability to you or any third party for doing so.

14. Notice.

All notices required or permitted to be given under these Terms of Use will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Awesome Merchandise, you must use the following mailing address: Awesome Merch, 6013 Techni Center Drive, Austin, Texas,78721, USA and email address: INFO@AWESOMEMERCH.COM. If Awesome Merchandise provides notice to you, Awesome Merchandise will use the contact information provided by you to Awesome Merchandise. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

15. Dispute Resolution/Waiver of Jury Trial.

All disputes arising out of, relating to or connected with these Terms of Use or your use of any part of the Web Site Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Awesome Merchandise in a court of law or have a jury resolve any dispute that arises out of, relates to these Terms of Use or your use of any part of the Web Site Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Use or your use of any part of the Web Site Service must be asserted individually. Notwithstanding anything to the contrary in this Section 15, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

16. Miscellaneous.

These Terms of Use will be binding upon each party hereto and its successors and permitted assigns and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These Terms of Use will not be assignable or transferable by you without the prior written consent of Awesome Merchandise. These Terms of Use (including all of the policies and other Agreements described in this Terms of Use, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Awesome Merchandise are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use, all of which will remain in full force and effect.