Last Updated: March 31st, 2022
Welcome to the Terms of Service (The “Terms of Service”) for BorderlineUnique.com (“Site” or BorderlineUnique.com”), which is also know in this document as “Borderline Unique LLC”, “We”, “Us”, or “Our”). For purposes of these terms of service, “You” and “Your” or “User” means you as the user of the Site.
The Terms of Service constitute a legally binding agreement between you and Borderline Unique LLC and govern any and all use of the site by any and all users of the site and any services offered therefrom. By using this site you hereby agree to be bound by the Terms of Service.
These Terms of Service also include the order terms and conditions set forth below, which are incorporated by reference into and form a part of these Terms of Service.
If you have a separate agreement with Borderline Unique LLC, the terms of that separate agreement shall govern to the extent they are inconsistent with or otherwise conflict with any of the Terms of Service.
To use certain portions of the Site, including to place orders, you will need to create an account (“Account)”. You agree to provide us with accurate, complete and updated information for your Account.
In the event that an authorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that ou shall be liable for any such unauthorized use.
You agree that all content included on this Site, including, without limitation, the information, data, software, photographs, typefaces, graphics, images, illustrations, maps, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Borderline Unique LLC, its licenses, and/or various third-party providers (“Providers”). Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms of Service are expressly reserved by us.
Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United State Code.
Corporate Identification and Trademarks
“Borderline Unique LLC” and any and all other marks appearing on this Site are trademarks of Borderline Unique LLC in the United States and other jurisdiction (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site with Borderline Unique prior written consent. The use of Trademarks on any website or network computer environment is prohibited. Borderline Unique prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by Borderline Unique in writing.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to v=civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
You may only use this Site to make legitimate requests to purchase the products or services offered via the Site (each, a “Request”). It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
You agree that you shall not use this Site to make any misleading, slanderous, illegal, speculative, false or fraudulent Request. You may not use robots or other automated means to access or crawl this Site or any data or information on the Site, unless specifically permitted by Borderline Unique. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
Permission is granted to electronically copy and print in hard-copy portions of the Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Borderline Unique prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms of Service:
Collecting information about the Site or users of the Site without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent;
Using and deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
Accessing or using the Site for competitive purposes;
Disguising the origin of information transmitted to, from, or through the Site;
Impersonating another person;
Distributing viruses or other harmful computer code(s);
Using the Site for any purpose in violation of local, state, national, international laws;
Using the Site in a way that is intended to harm, or reasonable person would understand would likely result in harm, to the user or others;
Circumventing any measures implemented by us aimed at preventing violations of the Terms of Service.
We expressly reserve the right, in our sole discretion, to terminate a user’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms of Service.
Linking to the Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
User Generated Content
If you believe in good faith that materials appearing on the Shite infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to disabled, and information reasonably sufficient to locate the material. (c) statement that you, the complaining party, has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature are the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Digital Millennium, Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. Copyright law. You can find more information in the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Borderline Unique has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA:
Attn: DMCA Agent
PO BOX 82
Wauseon, Ohio 43567
E-mail Address: email@example.com
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Borderline Unique. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Third Party Websites
From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain form using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
Disclaimer of Warranties
The Site, including all content, functions, and information made available on or accessed through the Site, is provided on an “As Is” “As Available” basis without representations or warranties or any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. Borderline Unique does not warrant that the Site or the functions, ,features or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Borderline Unique including its officers, directors, employees, representatives, successors, assigns or affiliates (collectively, the “Covered Parties”) – be liable for any injury, death, loss, claim, damage, act of God, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this Site, even if a party has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to certain users, under no circumstances shall the covered parties be liable to you or any other customer for said customer’s loss of business, loss or profits, postage or other incidental or consequential damages suffered by such customers as a result of our error, mistake, or failure to perform services.
In no event shall the covered parties’ total liability to you for all damages, losses and causes of action (Whether in contract or tort, including but not limited to negligence) arising from this agreement or your use of the Site exceed the amount paid by you to Borderline Unique for the request.
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from the against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms of Service, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) and image or content being reproduced as part of your order.
Borderline Unique reserves the right to terminate your Account and access to the Site and its services at any time. Termination by Borderline Unique may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your Account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, you sole and exclusive remedy is to immediately discontinue use of the Site.
Amendments to Terms of Service
Borderline Unique reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Service at any time. You agree that we may modify the Terms of Service and such modifications shall be effective immediately upon posting to the Site. You agree to review these terms and conditions periodically to be aware of modifications. Continued access ot use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Service except and to the extent prohibited by applicable state or federal law.
Changes to the Site
We reserve the right, for any reason in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limited on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree the Borderline Unique will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
The captions in these Terms of Service are only for convenience and do not, in any way, limit in part or whole, or otherwise define the terms and provisions of there Terms of Service. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provisions of the Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to uphold the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. The failure by either you or Borderline Unique to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Service must commerce with (1) year after the cause of action arose; otherwise, such a action is permanently bared. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Serive.
Additional Entire Agreement
You agree that a breach of these Terms of Service will cause irreparable injury to Borderline Unique for which monetary damages would not be an adequate remedy and Borderline Unique shall be entitled relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof damages.
Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
Except as explicitly stated otherwise, any notices shall be given by email to Borderline Unique at firstname.lastname@example.org or to you at the email address you provide to Borderline Unique. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
PO BOX 82
Wauseon, Ohio 43567
We can be reached via email at email@example.com; or by telephone at 567-454-0050.
ORDER TERMS AND CONDITIONS
If you are purchasing something from BorderlineUnique.com, you represent and warrant the (1) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Color Issues and Color
We do not guarantee any color matching or exact color print. We keep our equipment calibrated to offer the closet match possible, but slight color variations should be considered acceptable and will not be considered production mistakes. We use our best judgement, base on years of experience, to get the best color from each print.
Returns & Refunds
Custom items are not eligible for return unless for a manufacturing defect. In case of manufacturing defect, that item will be replaced by Borderline Unique. For any item to be eligible for return, replacement, or refund you must notify Borderline Unique of a problem within 24 hours of receipt of you order. Items cannot be returned without notice to Borderline Unique and receipt of return authorization.
If a return is authorized for reasons other than manufacturing defect, the customer will be responsible for all return shipping costs. Any agreed upon refund will be processed within two (2) business days of the authorized returned product’s arrival in our warehouse, provided the product is confirmed to have arrived in unused, new condition.
Processing time is the amount of time (number of business days) required to produce and package your order. The day your order is received is not counted. In addition, weekends and holidays are not counted as business days. Shipping time is the number of business days in transit by the carrier, after the package has been picked up at our production facility. The day that the package is picked up from our facility is not counted in the number of days. The sum of processing time and shipping time (in business days) is the total amount of time it will take for your order to arrive.
Borderline Unique is not responsible for special or consequential damages. Your sole remedy in the event of a delayed order is the rebate of any shipping charges, In any event, and without limitation, we shall never be liable to you for an amount greater than the amount you paid us for a particular order.
Our prices are clearly displayed on our website. In specific instances, we will note the certain products are not subject to further discount. We reservice the right to cancel any order for which a customer has applied a discount code to a product clearly marked as “no additional discounts”. Further, discount codes may not be applied to any item offered at a “sale price”. Discount codes may only be used in connection with items offered at our everyday low prices. In the event that we commit an error in the pricing of a product, or the application of a discount, we reserve the right to (i) limit the purchase to one item, canceling and refunding the remaining part of the order, (ii) cancel the order in its entirely, refunding the entire amount paid, or (iii) contact you to secure additional payment equal to the difference in the price paid and the correct price including any additional applicable taxes.
Borderline Unique cannot accept any responsibility for damage to any signage due to improper installation from any other person that is not an authorized installer or Borderline Unique. An authorized installer of Borderline Unique is either a certified installer which is a paid employee or contractor hired by Borderline Unique. Also, Borderline Unique is not responsible for failure of installation cause by acts of nature. If the signage is sold to you as “No Installation” then you are solely responsible for ensuring the signage and installation meets any and all applicable safety requirements, meets any and all standards required by applicable ordinances, and that you’ve secured any necessary permits required for installation and display.
When installing a banner between two poles, your goal is to even out the amount of stress on each of the grommet holes. If there is nothing to tie to other than the corners, we recommend weaving the rope through the grommet holes from left to right and tying the banner. The use of bungee cords or bungee line is preferred. Simply tying the banner from the 4 corners is not recommended and will void al warranties.
Banners are not designed to withstand high winds and should be taken down during high winds or storms. If you choose to leave your banner up during high winds you take a great chance of tearing or damaging the banner. To allow additional airflow in non-high wind conditions, you can cut wind slits in the banner approximately 2″ to 4″ in diameter about 12″ apart to help some air through the banner, however this does not negate the need to remove the banner during high winds.
If the banner is to be installed against a wall it is very important to use every grommet hole during the installation. This type of wall will determine the style of anchor used. We recommend using a large fender washer with your choice of screw or anchor for added strength. Again, banners can be destroyed by high winds if the wind gets behind the banner even while hanging on a wall.