Website Terms of Service

1. Welcome & How Our Agreements Work

Welcome to www.agency27promos.com (the “Site”), operated by Agency27 LLC, an Arizona limited liability company (“Agency27”). These Website Terms of Service govern your access to and browsing of the Site.

How Your Order is Governed: All actual purchases of products (“Products”) from Agency27 are governed by Agency27’s formal Order Acknowledgment and the Agency27 LLC Terms and Conditions of Sale attached to it (together, the “Product Purchase Agreement”). If there is ever a difference between the information on this Site (including these Website Terms of Service) and your signed Product Purchase Agreement, the Product Purchase Agreement will always control and prevail. 

2. Browsing the Catalog & Requesting Quotes

Because our Site connects to live product feeds from third-party manufacturers all product descriptions, inventory levels, lead times, shipping estimates, setup fees, and pricing shown on the Site are non-binding estimates only.

  • Submitting an order or quote request through the Site does not create a binding contract.

  • Agency27 is not obligated to accept any order from a Customer. An order is only accepted and binding once Agency27 issues a formal Order Acknowledgment and receives your express acceptance of that Order Acknowledgment.

3. What to Expect When Ordering

While your signed Order Acknowledgment and the full Agency27 LLC Terms and Conditions of Sale govern your purchase, by using the Site to request quotes or place orders, you acknowledge the following standard policies for working with Agency27:

  • Because promotional Products are custom-made to order, all sales are final and non-refundable. Once an Order Acknowledgment is accepted, orders cannot be cancelled or changed without Agency27’s approval.

  • You are responsible for double-checking all spelling, layout, and design details on your digital proofs before approving them.

  • All risk of damage, loss, or carrier delay transfers to the Customer once the product manufacturer hands the finished goods over to the third-party shipping carrier (such as UPS, FedEx, or Freight). Estimated delivery dates are targets only, and Agency27 is not responsible for carrier or manufacturing delays.

  • Please inspect your Products as soon as they arrive. If you believe any Products do not match the warranty in your Order Acknowledgment, you must notify Agency27 in writing including a detailed description and color photographs of the issue within three (3) calendar days of delivery, or the Products are conclusively presumed accepted.

  • Payments are due according to the schedule on your Order Acknowledgment. Past-due balances are subject to a 1.5% monthly interest charge, suspension of future shipments, repossession of unpaid goods, and reimbursement of any collection costs and attorneys’ fees incurred by Agency27.

4. Uploading Your Logos & Artwork

When you upload, submit, or send any artwork, graphics, logos, text, or other content to the Site or to Agency27 (“Customer Content”), you represent and warrant that you own or hold all necessary legal rights and permissions to use and print that Customer Content on the Products.

You agree to defend, indemnify, and hold harmless Agency27 and its affiliates, officers, directors, members, managers, employees, insurers, legal counsel, suppliers, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees and court costs) arising out of or relating to (a) your use of the Site, (b) any breach of your representations, or (c) any third-party claim that your Customer Content infringes or violates the copyright, trademark, or other legal rights of a third party.

5. Website Disclaimers & Liability Limits

THE SITE AND ALL CONTENT, CATALOGS, AND VIRTUAL PROOFING TOOLS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT).

UNDER NO CIRCUMSTANCES WILL AGENCY27 BE LIABLE TO ANY SITE VISITOR OR CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES ARISING OUT OF OR RELATED TO THE SITE, THE PRODUCT PURCHASE AGREEMENT, OR THE PRODUCTS (INCLUDING DELAYS, LOST PROFITS, DATA BREACHES, OR THIRD-PARTY CLAIMS), REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED. IN ALL EVENTS, AGENCY27’S MAXIMUM LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE SPECIFIC PRODUCTS SUBJECT TO THE CLAIM (EXCLUDING TAXES, SHIPPING, AND THIRD-PARTY FEES).

6. Arizona Law & Resolving Disputes

These Website Terms of Service, the Product Purchase Agreement, and any dispute arising out of your use of the Site are governed by the laws of the State of Arizona, without regard to conflict of laws rules. You and Agency27 irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Phoenix, Arizona, and the prevailing party in any legal action shall be entitled to recover its reasonable attorneys’ fees and costs. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, THE PRODUCT PURCHASE AGREEMENT, OR ANY TRANSACTIONS CONTEMPLATED THEREBY.

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