Terms & Conditions

Terms and Conditions

Agreement between User and Bmar Media, LLC.

Welcome to https://www.facebook.com/bmarmedia, www.BmarMedia.com or email communication which will be referred to as "The Site(s)" for the remainder of these Terms & Conditions. "The Site(s)" is comprised of various web pages operated by Bmar Media, LLC ("Bmar Media"). The Site(s) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of The Site(s) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The Site(s) are Social Media Ecommerce, Networking Site(s), web page and email.

We provide embroidery, apparel & other various items for retail sale that customers either resale or use for personal use.

Terms of Service

All orders will not begin prior to full payment being recieved in which then and only then does your production turn over time start. Our current production turn-over is 30-35 days excluding Sundays and National Holidays. We are not responsbile for delayed orders or orders that exceed our current production turn-over time if items are out of stock and or due to any governing state or federal law that may or may not probihit any said turn over production time.

Privacy

Your use of The Site(s) is subject to Bmar Media's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase.

Personal information we collect

Please review Facebook's privacy policy for more information on their practices.

When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information”.

Lastly we keep your email on file for future marketing and promotional campaigns. Should you choose to not receive these communications from us, you have the option to "opt-out" when you receive one from us.

When we talk about “Personal Information” in this Privacy Policy, we are talking about Order Information.

How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site(s) (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power www.bmarmedia.com --you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Electronic Communications

Visiting the Site(s) or sending emails to Bmar Media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Confidentiality Notice:

The communication contained herein is confidential in nature and intended solely for the individual(s) to whom it is addressed. This correspondence may contain sensitive and/or proprietary information, some or all of which may be legally privileged. Any unauthorized disclosure of information contained herein is strictly prohibited. Recipients of this email should be aware that Bmar Media, LLC. has a legal obligation to monitor and record emails, text messages, social media messages between its customers and third parties. Our company ensures all reasonable measures are taken to safeguard all email correspondence leaving our office so that it is free of viruses and other electronic contaminants, but we do not accept responsibility for any loss or damage which may occur from accepting any message or attachment.

Children Under Thirteen

Bmar Media does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use The Site(s) only with permission of a parent or guardian.

Cancellation/Refund/Return Policy
At Bmar Media, we understand that sometimes products need to be returned. We strive to keep costs low and ask that customers be extra certain of what they wish to order.

You may not at any time; cancel or change your order once payment and proof approval has been received.

Size Charts are available upon request for most all products. We are not responsible should you order the wrong size.

Products may vary slightly from the photographs on social media or in emails. We do not guarantee color for any product, but are willing to work with you to provide the best example of color that we can.

In the case of wishing to return a product, you must contact us via email within 3 days of your order being delivered. If the returned product in mention is deemed unusable, incorrectly made or wrong, we will work out either a product exchange, a product correction or a credit in the amount of the original pricing on the paid invoice minus shipping & set up fees. Set up fees & shipping charges are non-refundable. Return shipping for exchanges/refunds are to be paid by the customer unless otherwise noted by Bmar Media, LLC.

No substituting, returning of products, refunds or exchanges will be allowed after 5 days has passed from the time of delivery. Shipping charges of returned products for exchange or refund cannot be refunded.

Should a refund be the only form of resolution either requested from the buyer or initiated by Bmar Media; a 20% restocking fee will be applied and all products deemed refundable will need to be in the possession of Bmar Media prior to any refund being submitted for any product(s) that have been adored, decorated or embellished in any way shape or form.

No refund, exchange, remake or credit will be issued or honored past 30 days of delivery or last communication exchanged between customer and Bmar Media; whichever comes first.

If no approval is received after 5 business days of emailing the provided email on your order; we assume that we have the correct information and will process your order accordingly. No refunds will be honored if you did not get your email.

PLEASE NOTE that any mis-made, incorrectly made or incorrect items, orders or products sent to us that we replaced will be donated after 30 days. You agree by these Terms and Conditions that Bmar Media is not responsible for any damages related to that donation.

Custom Bleached Apparel Policy

You agree that Bmar Media is not responsbile for any losses or damages occuring from custom ordered apparel or bleached garments. If you are allergic or unaware that you are allergic to bleach or any of the ingredients used to make such custom orders, you are advised to not wear it. Please remove it and dispose of it. By consent of these Terms and Conditions, you agree that we are not responsbile for any health, medical or related damages that may result from the purchase of one of these custom garments for you or any of your customers.

Patch Policy

You agree buy purchase that patches are solely for the use on shirts or apparel other than headwear and or for promotional purposes. Purchasing patches for the sole use of applying to caps, hats or headwear of any kind is strictly prohibited. You agree by these Terms and Conditions to not use patches for this reason. If caught purchasing patches for the sole purpose of making patch hats without our consent; you will no longer be able to purchase products from our company.

Provided Logos/Images for Reproduction

We strive to make sure we are aware of any copyright or intellegtual property rights that may interfere with any image or logo you provide or we provide for you. You are responsbile for making sure any images, artwork, photos, 2D or 3D medias including shirts, pictures of examples and any quotes or terms are of your sole ownership and no-one else. Bmar Media reserves the right to deny service to any customer or company that we feel is providing us with false information pertaining to any copyright or intelliguel property that was provided to us under false pretenses, at the time of ordering and/or during in which any services are provided and any time thereafter.

Bmar Media is not responsible for any losses or damages that may occur should you provide us with copyrighted material that is not of your ownership.

Shipping

As with most other places, we use a 3rd party shipping company to transport your product or order. We cannot control how they operate. We will do our best to help resolve or investigate any shipping errors or communication that should arise during the process of your order being shipped.

Graphic Design Work/Creative Property

Please understand that any and all intellectual property including but not limited to: graphic design work, logos, backgrounds, banners, caps, shirts, apparel of any kind that is made during the process of your order will remain the sole property of Bmar Media unless otherwise stated. A limited license to any artwork created by Bmar Media for your order can be obtained for a fee. Any and all work is not work for hire.

Links to Third Party Sites/Third Party Services

The Site(s) may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bmar Media and Bmar Media is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bmar Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bmar Media of the site or any association with its operators.

Certain services made available via The Site(s) are delivered by third party sites and organizations. By using any product, service or functionality originating from any of The Site(s) domain, you hereby acknowledge and consent that Bmar Media may share such information and data with any third party with whom Bmar Media has a contractual relationship to provide the requested product, service or functionality on behalf of The Site(s) users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use The Site(s) strictly in accordance with these terms of use. As a condition of your use of the Site(s), you warrant to Bmar Media that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s).

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bmar Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site(s). Bmar Media content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bmar Media and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bmar Media or our licensors except as expressly authorized by these Terms.

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content, you hereby grant Bmar Media an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the Content for any commercial purpose at Bmar Media's discretion, including without limitation in any media whatsoever now known or later invented throughout the world. You hereby disclaim any right to any compensation from Bmar Media in connection with Bmar Media's exercise of its license rights in and to the Content you have submitted to Bmar Media. You acknowledge and agree that Bmar Media is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any Content. By submitting the Content, you represent and warrant that: (i) you own the copyright in such Content or that you have a legitimate license to post the Content, including photographs or other audiovisual material, without any restrictions whatsoever; and/or (ii) you have obtained all requisite releases, including likeness releases, from all persons whose likeness is featured or depicted in the Content and (iii) you authorize Bmar Media to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the website.
Bmar Media reserves the right to review any Content and remove, delete, redact, or otherwise modify such Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. Bmar Media has no obligation to publish, display, or post any Content. Bmar Media reserves the right to disclose, at any time and from time to time, any information or Content that Bmar Media deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal dispute process, or governmental request.

International Users

The Service is controlled, operated and administered by Bmar Media from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bmar Media Content accessed through The Site(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Bmar Media, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site(s) or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bmar Media reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bmar Media in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Bmar Media agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BMAR MEDIA, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BMAR MEDIA, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BMAR MEDIA, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BMAR MEDIA, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BMAR MEDIA, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Bmar Media reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bmar Media as a result of this agreement or use of the Site. Bmar Media's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bmar Media's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bmar Media with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bmar Media with respect to the Site(s) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bmar Media with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Bmar Media reserves the right, in its sole discretion, to change the Terms under which The Site(s) is offered. The most current version of the Terms will supersede all previous versions. Bmar Media encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Bmar Media welcomes your questions or comments regarding the Terms:

Bmar Media, LLC

PO Box 209 Browns Summit, North Carolina 27214

Email Address: bmarmediallc@gmail.com\

Telephone number: 3364424269