Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and NVR Branding d.b.a Fox Cities Embroidery ("Company", "we", "us", or "our") concerning your access to and use of the foxcitiesembroidery.com website and any related services (collectively, the "Service").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy.

Age Requirement: You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age.

2. Description of Service

Fox Cities Embroidery provides custom embroidery, screen printing, promotional products, and branded apparel services through our website and physical locations. Our Service includes:

• Online browsing and ordering of products
• Custom design and logo services
• Product customization (embroidery, screen printing, etc.)
• Order tracking and customer support
• Account management features

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, and without liability to you.

3. User Accounts

3.1 Account Registration

To access certain features of our Service, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate and current
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to the Service, other users, or our business interests.

You may terminate your account at any time by contacting us at info@foxcitiesembroidery.com.

4. Orders and Purchases

4.1 Order Process

When you place an order through our Service:

• Your order constitutes an offer to purchase products or services
• We reserve the right to accept or decline your order for any reason
• Order confirmation does not constitute acceptance; acceptance occurs when we ship your order or complete your service
• We may require additional verification or information before accepting an order
• We reserve the right to limit quantities or refuse orders

4.2 Pricing and Payment

Pricing:

• All prices are in U.S. Dollars and are subject to change without notice
• Prices do not include applicable taxes, shipping, or handling fees unless specified
• We strive for accuracy but errors may occur; if a pricing error is discovered, we will notify you and give you the option to cancel or continue at the correct price
• Custom orders may require quotes; quoted prices are valid for 30 days unless otherwise specified

Payment:

• Payment is processed securely through Square, Inc.
• You authorize us to charge your payment method for all purchases
• Payment must be received before production begins on custom orders
• We accept major credit cards, debit cards, and other payment methods as displayed at checkout
• For large orders, alternative payment arrangements may be available - contact us for details

4.3 Custom Orders and Artwork

Design Services:

• We offer custom design services for logos and artwork
• You must approve artwork proofs before production begins
• Once approved, changes may not be possible or may incur additional fees
• Production time begins after artwork approval and payment receipt

Customer-Provided Artwork:

• You are responsible for ensuring you have the legal right to use any artwork, logos, or designs you provide
• You warrant that your artwork does not infringe on any copyright, trademark, or other intellectual property rights
• We reserve the right to refuse artwork that we believe infringes on intellectual property rights or is otherwise inappropriate
• We are not responsible for verifying the legality or ownership of customer-provided artwork

4.4 Production and Turnaround Time

• Standard turnaround times are estimates and not guarantees
• Production begins after artwork approval and payment receipt
• Rush services may be available for an additional fee
• Delays may occur due to artwork revisions, supply chain issues, or unforeseen circumstances
• We will make reasonable efforts to notify you of significant delays

5. Shipping and Delivery

5.1 Shipping

• Shipping costs are calculated at checkout based on destination and order weight/size
• We ship to addresses within the United States; international shipping may be available upon request
• You are responsible for providing accurate shipping information
• Risk of loss passes to you upon delivery to the shipping carrier

5.2 Delivery

• Estimated delivery times are provided by shipping carriers and are not guaranteed
• We are not responsible for shipping delays caused by carriers, weather, or other factors beyond our control
• For local orders, pickup options may be available
• You are responsible for being available to receive shipments; we are not liable for stolen or lost packages after delivery

5.3 Inspection

You should inspect products upon receipt. Claims for damaged, defective, or incorrect items must be reported within 7 days of delivery.

6. Returns, Refunds, and Cancellations

6.1 Return Policy

Standard Products:

• Non-customized products may be returned within 30 days of receipt
• Products must be unused, unworn, and in original condition with tags attached
• Return shipping costs are the customer's responsibility unless the return is due to our error
• Refunds will be issued to the original payment method within 7-10 business days of receiving the return

Custom Products:

• Custom embroidered or printed products are generally not returnable or refundable
• We will remake or refund custom products only if there is an error on our part (wrong design, defective product, etc.)
• You must approve artwork proofs before production; we are not responsible for errors in approved artwork

6.2 Defective Products

If you receive a defective product:

• Contact us within 7 days of receipt with photos of the defect
• We will investigate and, at our discretion, offer a replacement, remake, or refund
• Defects caused by normal wear and tear, misuse, or improper care are not covered

6.3 Order Cancellation

• Before Production: Orders may be cancelled before production begins for a full refund
• During Production: Orders in production cannot typically be cancelled; contact us immediately if you need to cancel
• After Shipment: Orders cannot be cancelled once shipped; standard return policies apply

6.4 Refund Processing

• Approved refunds are processed within 7-10 business days
• Refunds are issued to the original payment method
• Shipping costs are non-refundable unless the return is due to our error

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, graphics, logos, text, images, and other materials, is owned by NVR Branding d.b.a Fox Cities Embroidery or our licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, distribute, or create derivative works from our content
• Use our trademarks, logos, or trade names without written permission
• Reverse engineer or attempt to extract source code from our Service
• Remove or alter any copyright or proprietary notices

7.2 Your Intellectual Property

When you provide artwork, logos, or designs to us:

• You retain ownership of your intellectual property
• You grant us a limited license to use your artwork solely for producing your order
• We may photograph finished products for our portfolio and marketing purposes unless you request otherwise
• You warrant that you have all necessary rights to the artwork and that it does not infringe on third-party rights

7.3 Trademark Compliance

If you request use of trademarked logos or designs:

• You must provide proof of authorization to use the trademark
• We may require written permission from the trademark owner
• We reserve the right to refuse orders that may infringe on trademark rights
• You indemnify us against any claims arising from unauthorized trademark use

8. Prohibited Uses

You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• To use any robot, spider, or other automatic device to access the Service for any purpose
• To introduce any viruses, trojan horses, worms, logic bombs, or other harmful material
• To attempt to gain unauthorized access to any portion of the Service or any systems or networks
• To harass, abuse, or harm another person
• To order products for the purpose of reselling them without prior arrangement
• To use the Service to produce materials that are defamatory, obscene, hateful, or otherwise objectionable

9. Disclaimers and Limitations of Liability

9.1 Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be uninterrupted, timely, secure, or error-free
• That defects will be corrected
• That the Service or servers are free of viruses or harmful components

9.2 Product Disclaimers

• Color Variations: Colors in embroidery and printing may vary slightly from digital proofs due to thread/ink colors, fabric types, and production processes
• Product Variations: Apparel sizing and fit may vary by manufacturer and style
• Natural Variations: Natural materials may have variations in texture, color, and appearance
• Fabric Care: We are not responsible for damage caused by improper care or washing

9.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NVR BRANDING D.B.A FOX CITIES EMBROIDERY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages exceeding the amount you paid for the products or services giving rise to the claim
• Any claim arising from or related to artwork or designs you provided
• Delays in production or delivery beyond our reasonable control

Maximum Liability: Our total liability to you for any claim arising from or relating to these Terms or your use of the Service shall not exceed the amount you paid us for the specific products or services giving rise to the claim during the six months prior to the claim.

9.4 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and us.

10. Indemnification

You agree to defend, indemnify, and hold harmless NVR Branding d.b.a Fox Cities Embroidery, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your breach of any representation or warranty contained herein
• Your violation of any third-party rights, including intellectual property rights
• Any artwork, designs, or materials you provide to us
• Any products produced based on your specifications or artwork

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

If you have a dispute with us, please contact us first at info@foxcitiesembroidery.com to attempt to resolve the matter informally.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Arbitration Terms:

• The arbitration shall be conducted in Wisconsin
• Each party shall bear its own costs and expenses
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court having jurisdiction

11.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions

Notwithstanding the above, either party may bring a claim in small claims court if it qualifies for such court.

11.5 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Effective Date"
• Sending an email to registered users (if we have your email)
• Posting a notice on our website homepage

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

We encourage you to review these Terms periodically to stay informed of any updates.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

14. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the use of the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

16. Contact Information

If you have questions about these Terms of Use, please contact us: