Terms and Conditions
SECTION 1 - Online Store Terms
By accessing or using our online store and website, you agree to be bound by these Terms and Conditions. Please read them carefully. If you do not agree to these Terms and Conditions, you may not use this online store and website.
By agreeing to these Terms, you represent that you are at least eighteen (18) years of age or older in your state or province of residence, or that you are eighteen (18) years of age or older in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our online store or products for any illegal or unauthorized purpose.
You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 - General Conditions
We reserve the right to refuse sale and service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - Products
All products are not intended for children in any way and should be strictly kept away from children. Certain products may be available exclusively online through our online store. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 6 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 7 - Third-Party Links
Any third-party links on our online store website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our online store or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9 - Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 10 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or on our products that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in on our online store, products or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information or on any related website, including without limitation, pricing information, except as required by law.
SECTION 11 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this online store or any related website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features on this online store or any related website, other websites, or the Internet.
SECTION 12 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our product or service will be uninterrupted, timely, secure, or error-free.
You expressly agree that your use of, or inability to use, the use of Misbehaving Engraving's products is at your sole risk. All products and services delivered to you (except as expressly stated by us) are 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Misbehaving Engraving, or any of its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our products or any content (or product) posted, transmitted, or otherwise made available to you, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. All products and services produced by Misbehaving Engraving are not intended for children. Misbehaving Engraving’s products are not a toy and should be kept out of reach of any child. If you are a parent, or caregiver, please supervise and assist children when they are in the vicinity of our engraving products or services. Ensure that they do not handle any tools or materials without proper guidance. Regularly inspect our engraving products for any signs of wear, damage, or deterioration. If you notice any issues, discontinue use and contact us for guidance on maintenance or replacement. If the product becomes dirty, wipe with damp cloth and let air dry. Store in a cool location. Misbehaving Engraving shall not be held liable for any misuse of our products.
SECTION 13 – Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof (hereinafter collectively referred to as "Dispute"), the parties agree to make good-faith efforts to resolve the Dispute through the following dispute resolution process:
1. Informal Resolution:
Before initiating any formal dispute resolution process, the parties shall first attempt to resolve the Dispute informally. Either party may initiate the informal resolution process by providing written notice of the Dispute to the other party, including a description of the Dispute and the proposed resolution.
Upon receiving such notice, the parties shall have [insert reasonable timeframe, e.g., 30 days] to engage in negotiations and seek an amicable resolution. During this period, both parties shall cooperate in good faith to understand and address each other's concerns.
2. Mediation:
If the parties are unable to resolve the Dispute through informal negotiations, they agree to engage in mediation before pursuing formal legal action. Mediation shall be conducted in accordance with the rules of a recognized mediation organization or mediator agreed upon by the parties.
Each party shall bear its own costs associated with the mediation, including attorneys' fees, if applicable. The parties shall equally share the mediator's fees and any other costs associated with the mediation process.
The mediator's role is to facilitate communication and negotiation between the parties and to assist them in reaching a mutually acceptable resolution. The parties agree to participate in good faith in the mediation process and to make reasonable efforts to reach a resolution.
3. Arbitration:
If mediation does not result in a resolution, the parties agree that any remaining Dispute shall be resolved through binding arbitration, except as provided below. The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration organization or arbitrator mutually agreed upon by the parties.
Arbitration shall be the exclusive forum for resolving the Dispute, and the arbitrator's decision shall be final and binding on both parties. The parties agree to waive their right to a trial by jury.
Exceptions to Arbitration:
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the unauthorized use or disclosure of the other party's intellectual property rights or to enforce any provision of these Terms and Conditions that restricts or prohibits certain activities.
4. Governing Law:
This dispute resolution clause shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws principles.
5. Costs and Attorneys' Fees:
Each party shall bear its own costs, including attorneys' fees, incurred in connection with any dispute resolution process, unless otherwise provided for in the arbitration decision or a court order.
By agreeing to these Terms and Conditions, you acknowledge and agree that this dispute resolution clause represents a material provision of this agreement, and that you are waiving any right to participate in a class action lawsuit or class-wide arbitration.
This dispute resolution clause is intended to be binding and enforceable by the parties, their successors, and assigns. If any part of this clause is found to be unenforceable, the remainder shall remain in full force and effect.
By using our online store, you agree to this dispute resolution clause as an effective means of resolving disputes arising from these Terms and Conditions.
6. Indemnification:
You agree to indemnify, defend, and hold harmless Misbehaving Engraving and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Furthermore, the unenforceable provision shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
Our commitment to upholding the enforceability of these Terms and Conditions to the fullest extent allowed by law remains unwavering. In circumstances where a provision is found unenforceable, we shall endeavor to replace it with a valid and enforceable provision that achieves the original intent of the parties to the maximum extent possible under the law.
SECTION 15 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the products constitute the entire agreement and understanding between you and us and governs your use of this online store and any products you purchased, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 16 - Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our online store and website. It is your responsibility to check our online store website periodically for any changes to these Terms and Conditions. Your continued use of or access to our online store website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 17 - Contact Information
Any questions about these Terms and Conditions should be sent to us at hello@misbehavingengraving.com.
Disclosure and Liability Disclaimer
By purchasing any item sold by Misbehaving Engraving, the buyer warrants that they are in full compliance with all Federal, State, and Local laws and regulations pertaining to the purchase, ownership, and use of the item(s) being purchased. It is the buyer's sole responsibility to adhere to and abide by all applicable laws and regulations related to the sale, possession, and use of these items.
The buyer expressly agrees to hold Misbehaving Engraving, its affiliates, employees, and agents harmless from any and all claims, damages, liabilities, or expenses arising directly or indirectly from the purchase, ownership, or use of any item(s) in violation of Federal, State, and Local laws or regulations. Certain items offered by Misbehaving Engraving may be dangerous if misused, and it is the buyer's responsibility to use these items with caution and in accordance with all safety guidelines.
The buyer further warrants that they are 18 years of age or older. None of the products and services produced by Misbehaving Engraving are intended for children. These items include materials not intended for ingestion and could pose a choking hazard. Misbehaving Engraving's products are not toys and should be stored out of reach of children. Misbehaving Engraving shall not be held liable for any misuse of our products by children or adults.
To maintain any of our products, when it becomes dirty, it should be cleaned with a damp cloth and allowed to air dry. It is recommended to store our products in a cool location to maintain their quality and appearance.
By completing a purchase with Misbehaving Engraving, the buyer acknowledges their understanding of and agreement with these terms and conditions. It is the buyer's responsibility to review and adhere to these guidelines for the safe and legal use of our products.