Terms of Service

Welcome to the DTF Colorado web site, which is located at dtfcol.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms that govern your use of the Web Site and Dtfcol.com Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from DTF Colorado. Use of the DTF Colorado Website constitutes acceptance of these TOS. Dtfcol.com is a Trademark of DTF Colorado.

DTF Colorado reserves the right to add, delete, and/or modify any of the terms contained in this TOS, at any time and in its sole discretion, by posting a new agreement on the DTF Colorado Website. If any modification is unacceptable to you, your only recourse is to not use the Website and the Dtfcol.com Service. Your continued use of the DTF Colorado Website following the posting of a new TOS on the DTF Colorado Website will constitute binding acceptance of the changes.

1. The Dtfcol.com Service

DTF Colorado provides several Internet-based services through the Website (all such services, collectively, the "DTFcol Service"). One such service enables users to create customized t-shirts, hoodies, sweatshirts, and other apparel (collectively, "Products"). DTF Colorado users may create and purchase individual Products for their own use.

2. Use of the Web Site and Dtfcol.com Service

2.1 Eligibility.
DTF Colorado will only knowingly provide the Dtfcol.com 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 Dtfcol.com Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Dtfcol.com Service is not intended for children under the age of 13.

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

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

(a) DTF Colorado solely and exclusively owns all intellectual property and other rights, title, and interest in and to the Dtfcol.com Service and Website, except as expressly provided for in these TOS. For example, and without limitation, DTF Colorado owns the trademark Dtfcol.com (TM), the copyrights in and to the Web Site, and certain technology used in providing the Dtfcol.com Service. You will not acquire any right, title, or interest therein under these TOS or otherwise.

(b) DTF Colorado grants you a limited revocable license to access and use the Web Site and the Dtfcol.com Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by DTF Colorado; to compete with DTF Colorado; 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 Website in a manner that exceeds the scope of this license or breaches this TOS, DTF Colorado 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 4.1.

2.4 Third-Party Services.
DTF Colorado may use third parties to provide certain services accessible through the Website. DTF Colorado does not control those third parties or their services, and you agree that DTF Colorado 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 TOS when you use these services. If any such terms or policies conflict with DTF Colorado's TOS, agreements, or policies, you must comply with DTF Colorado's TOS, agreements, or policies, as applicable.

3. General Rules

3.1 Prohibited Use.
You may only use the Dtfcol.com Service as expressly permitted by DTF Colorado. You may not cause harm to the Website or the Dtfcol.com Service. Specifically, but not by way of limitation, you may not:
(i) interfere with the Dtfcol.com 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 Dtfcol.com Service;
(iii) use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website, 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 Dtfcol.com Service;
(v) impersonate another person or entity;
(vi) use any meta tags, search terms, key terms, or the like that contain DTF Colorado’s name or trademarks;
(vii) engage in any activity that interferes with another user's ability to use or enjoy the Dtfcol.com Service; or
(viii) assist or encourage any third party in engaging in any activity prohibited by these TOS.

3.2 Prohibited Use Promise.
By using the DTF Colorado Website, you are promising that you are not using the Dtfcol.com Service or the Website for any of the Prohibited Uses.

4. Use of Your Content

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

You may remove the Content you designed 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 DTF Colorado of your intention to terminate the licenses described above, those licenses will terminate, except that DTF Colorado may fulfill all orders that are in any way derived from that Content placed before notice of termination and may continue to use said Content in marketing and promotional materials.

5. Reservation of Rights

5.1 Monitoring.
DTF Colorado reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If DTF Colorado determines, in its sole and absolute discretion, that you or another DTF Colorado user have breached or will breach a term of these TOS or that such transaction or communication is inappropriate, DTF Colorado 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.

5.2 Modification of the Service.
DTF Colorado may modify the Dtfcol.com Service at any time with or without notice to you and will incur no liability for doing so.

6. Submissions

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information ("Submissions"), you grant DTF Colorado permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that DTF Colorado will have no obligation to keep any Submissions confidential. You will not bring a claim against DTF Colorado based on "moral rights" or the like arising from DTF Colorado's use of a Submission. This Section does not apply to your Content that will appear as part of your product that you use in connection with Dtfcol.com Service.

7. Representations and Warranties

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

7.2 By You.
You represent and warrant to DTF Colorado that your use of the Dtfcol.com Service and any order that you place with DTF Colorado:
(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.

8a. Disclaimers and Exclusions

8a.1 Disclaimer of Warranties.
DTF Colorado PROVIDES THE WEBSITE AND Dtfcol.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DTF Colorado DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, Dtfcol.com 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.
DTF Colorado MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

8a.2 Exclusion of Damages.
DTF Colorado 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 Dtfcol.com SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8b. Limitation of Liability

8b.1 Limitation of Liability.
EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF DTF Colorado EXCEED THE VALUE OF SHIRTS RECEIVED OR SERVICES RENDERED.

9. Indemnification

You agree to indemnify and hold DTF Colorado 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 alleging that you have breached these TOS through any act or omission.

10. Termination

10.1 Termination.
DTF Colorado may suspend or terminate your use of the Web Site if it believes, in its sole discretion, that you have breached a term of these TOS.

10.2 Survival.
These TOS will survive indefinitely unless and until DTF Colorado chooses to terminate them.

10.3 Effect of Termination.
If you or DTF Colorado terminates your use of the Web Site, DTF Colorado may delete any Content or materials relating to your use of the Service without liability.

11. Notice

All notices required or permitted to be given under these TOS will be in writing and delivered by (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail.

If you give notice to DTF Colorado, use the following:
Email: support@dtfcol.com

If DTF Colorado provides notice to you, it will use the contact information you provided.

12. Dispute Resolution / Waiver of Jury Trial

All disputes arising out of or relating to these TOS will be resolved under confidential binding arbitration in [Jurisdiction], in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying [State] law.

13. Miscellaneous

These TOS are governed by and construed in accordance with the laws of the State of [State]. These TOS are binding upon successors and assigns. You and DTF Colorado are independent contractors; no partnership or employment relationship is created by these TOS.