Terms and Conditions

ACME Novelties LLC/DryEraseChecks.com

Terms of Service, Shipping, Returns and Refunds Policies

 

 

Refunds

If we make an error on your order, we will provide you with the option to refund. DryEraseChecks.com's guarantee doesn't cover ordinary wear and tear or damage caused by improper use or accidents, damage upon opening the package or during use of the product. We will not refund your order if you use a permanent marker on your Dry Erase Check. We do not provide refunds on custom made products. How could we resell a product made with your details? 

Returns

We guarantee all of our products to be free from errors that we make. If you have an issue with any of our products, contact us via our telephone or email or chat support and we will assist you. All returns must have an approved RMA number. All returns must be received within 7 days from delivery date to the customer. 

 

Shipping

We can ship to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations.

We offer USPS Priority Mail and USPS Express Overnight Shipping options.

To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

All orders will be shipped out ASAP, usually within 24 hours, but not always. Please allow for weekends and holidays. Sometimes we ship them as soon as a few hours after you order. If you order any of the Express options, your order will go to the top of the que, it becomes a priority order to us. We do not and cannot guarantee shipping times once your order has shipped. 

We do not guarantee delivery dates or deadlines.

 

 

TOS Terms of Service 

TOS (terms of service) include but are not limited to the following points:

Agreement to not use products for fraudulent purposes.
Agreement to not use products in states/municipalities/countries where prohibited.
Agreement to not use real names of persons or institutions where prohibited.
Agreement to hold ACME Novelties LLC/DryEraseChecks.com harmless if products are used illegally.

ACME Novelties LLC/DryEraseChecks.com offers to customers personalized products, as well as a host of value added services, as may be more fully described herein and at www.DryEraseChecks.com (the "Site"), as such descriptions may be changed from time to time. In order for You, the customer, to obtain or continue using those certain DryEraseChecks.com services, You must agree to and accept the terms and conditions of this agreement (the "Agreement"). The Agreement sets out the terms and conditions under which you may utilize the DryEraseChecks.com Services. Please read this Agreement carefully. It is important that You understand that upon Your acceptance of this Agreement, by continuing to use any of the DryEraseChecks.com Services and/or by clicking on the "I AGREE" button at the end of this Agreement, it becomes a legally binding contract.

By continuing to use any of the DryEraseChecks.com Services and/or by selecting the "I AGREE" checkbox You represent that You have reviewed and understand the Agreement and agree to be legally bound by all its terms and conditions (including the terms and conditions stated on web pages incorporated by reference herein). If You do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the "I AGREE" button and do not seek to obtain or continue using the DryEraseChecks.com Services.

NOW THEREFORE, You agree as follows:

  • •   Your Capacity and Related Matters. By accepting the terms and conditions of this Agreement, You represent and warrant that (a) You are 18 years of age or older, (b) all order-related information You have provided to DryEraseChecks.com is true and correct in all respects, and (c) You further represent and warrant that You have the legal authority to accept the terms and conditions of this Agreement and that such acceptance will be binding. DryEraseChecks.com reserves its right, in its sole discretion, to refuse to provide You with any DryEraseChecks.com Service
  • •   Undertakings of DryEraseChecks.com.
DryEraseChecks.com Grant. DryEraseChecks.com hereby grants You a non-exclusive, royalty-free, fully-paid up right, to use the DryEraseChecks.com Services for PERSONAL, NON-PROFIT, NON-COMMERCIAL use, subject to the restrictions herein and any other restrictions communicated by DryEraseChecks.com to You, only as necessary to perform hereunder and for no other purpose.
  • •   DryEraseChecks.com Services. DryEraseChecks.com shall provide the DryEraseChecks.com Services to You in all material respects in accordance with the terms and conditions of this Agreement.
  • •   Undertakings of You.
Compliance with Law and DryEraseChecks.com Guidelines. In connection with the exercise of Your rights and obligations under this Agreement (including, without limitation, any related to individual privacy), You will comply, at Your own expense, with all laws, policies, guidelines, regulations, ordinances, rules applicable to You, Your business or the Transactions and/or orders of any governmental authority or regulatory body having jurisdiction over the subject matter hereof. In addition, You shall comply with all the current policies, procedures and guidelines of DryEraseChecks.com governing the DryEraseChecks.com Services. You shall not use the DryEraseChecks.com Services in any manner, or in furtherance of any activity that may cause DryEraseChecks.com to be subject to investigation, prosecution, or legal action.
  • •   Intellectual Property.
DryEraseChecks.com. The parties agree that DryEraseChecks.com owns and retains all right, title and interest in and to the DryEraseChecks.com Marks, DryEraseChecks.com Services, graphic images, pictures, drawings, texts, programming code, phrases, and layouts and any related technology utilized under or in connection with this Agreement, including but not limited to all intellectual property rights associated therewith. No title to or ownership of any of the foregoing is granted or otherwise transferred to You or any other entity or person under this Agreement. You will not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of the DryEraseChecks.com Services or related technology.
  • •   Chargebacks: There is a growing number of customers in the US and abroad who have discovered that they can sometimes trick a business into refunding on a perfectly good product by filing a Chargeback with their credit card issuer. The most common trick is to claim the item wasn't received.  Another trick often employed by dishonest customers is to claim they did not place the order at all.  Unfortunately, even in those cases in which we win a fraudulent chargeback (and we do prosecute fraudulent chargebacks), the effort and time required to fight said chargeback is considerable and, win or lose, we are "fined" for the chargeback by our credit card processing company. Fraudulent transactions are filed as criminal complaints with law enforcement (usually the FBI) and ALL data we have collected from you and about you is forwarded as a part of that complaint.
  • •   Use of Trademarks. Each party shall strictly comply with all standards with respect to the other party's Trademarks contained herein or which may be furnished by such party from time to time. Further, neither party shall create a combination mark consisting of one or more Trademarks of each party. All uses of the other party's Trademarks shall inure to the benefit of the party owning such Trademark. Each party hereby acknowledges and agrees that, as between the parties, the other party is the owner of the Trademarks identified as its Trademarks in any written notice provided to the other party pursuant to this Agreement. Either party may update or change the list of Trademarks usable by the other party hereunder at any time by written notice to the other party.
  • •   Mutual Warranties. Each party represents and warrants to the other that (a) it has all necessary right, power and ability to execute this Agreement and to perform its obligations therein; (b) no authorization or approval from any third party is required in connection with such party's execution, delivery or performance of this Agreement, (c) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms, (d) the party's obligations under this Agreement do not violate any law or breach any other agreement to which such party is bound; and (e) it has all right, title or interest, or valid license to use, its respective Marks, and that its grant of rights associated therewith do not violate any intellectual property or other proprietary rights of any third party.
  • •   WARRANTY. DryEraseChecks.com REPRESENTS AND WARRANTS THAT THE DryEraseChecks.com SERVICES WILL CONFORM IN ALL MATERIAL RESPECTS TO THE APPLICABLE DOCUMENTATION MADE AVAILABLE TO YOU BY DryEraseChecks.com. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE DryEraseChecks.com SERVICES BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. DryEraseChecks.com DOES NOT REPRESENT OR WARRANT THAT THE DryEraseChecks.com SERVICES WILL BE AVAILABLE, ACCESSIBLE, or UNINTERRUPTED. YOU EXPRESSLY ACKNOWLEDGE THAT THE DryEraseChecks.com SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, DryEraseChecks.com SHALL USE COMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE DryEraseChecks.com SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT DryEraseChecks.com DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF DryEraseChecks.com'S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THIS AGREEMENT. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND DryEraseChecks.com'S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE DryEraseChecks.com SERVICES. DryEraseChecks.com DOES NOT WARRANT THE SERVICES OF ANY THIRD PARTY. 
  • •   Your Warranties. You represent and warrant to DryEraseChecks.com that: 
All representations and statements made by You in this Agreement, or in any other document relating hereto by You or on Your behalf, are true, accurate and complete in all material respects. You hereby authorize DryEraseChecks.com to investigate and confirm the information submitted by You herein. For this purpose, DryEraseChecks.comm may utilize its own agents.
  • •   You will comply with all laws, policies, guidelines, regulations, ordinances or rules applicable to You and your use of all services and/or products supplied by DryEraseChecks.com, without limitation.
  • •   LIMITATIONS OF LIABILITY AND DISCLAIMERS. 
  • •   DISCLAIMER. DryEraseChecks.com EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS ARISING FROM OR RELATED TO THE DryEraseChecks.com SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND DryEraseChecks.com'S REASONABLE CONTROL. YOU EXPRESSLY AGREE THAT DryEraseChecks.com SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (I) A THIRD PARTY'S INFILTRATION OF DryEraseChecks.com SERVICES, SYSTEMS OR WEBSITE BY ANY MEANS, INCLUDING WITHOUT LIMITATION, VIA DDOS ATTACKS, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY; (II) DISRUPTION, DAMAGE, INTERCEPTION, UNAUTHORIZED ACCESS TO OR EXPROPRIATION OF THE DryEraseChecks.com SERVICES, OR ANY SYSTEM, PROGRAM, DATA, TRANSACTION OR PERSONAL INFORMATION BELONGING TO DryEraseChecks.com, YOU OR ANY THIRD PARTY; (III) THE LIMITATION OF THE FUNCTIONING OF ANY SOFTWARE, HARDWARE, EQUIPMENT OR SERVICE; OR (IV) ACTIONS OR INACTIONS BY ANY THIRD PARTY. 
  • •   EXCLUSION. IN NO EVENT WILL DryEraseChecks.com OR ANY OF ITS PARENTS, AFFILIATES OR VENDORS (OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE PARTIES, OR ITS PARENTS, AFFILIATES OR VENDORS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUE, LOST PROFITS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT, CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • •   LIMITATION. EXCEPT AS OTHERWISE LIMITED, THE TOTAL LIABILITY OF DryEraseChecks.com TO YOU (WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE) UNDER THIS AGREEMENT OR WITH REGARD TO THE DryEraseChecks.com SERVICES OR ANY OTHER ITEMS PROVIDED BY DryEraseChecks.com UNDER THIS AGREEMENT, WILL IN NO EVENT EXCEED THE AGGREGATE COMPENSATION DryEraseChecks.com RECEIVED FOR PROVIDING THE DryEraseChecks.com SERVICES TO YOU DURING THE THIRTY DAYS PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $1,000, WHICHEVER IS LESS.

 

Privacy Policy

 

What information do we collect?

 

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.

 

 

 

How do we use your information?

 

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To quickly process your transactions. To administer a contest, promotion, survey or other site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

 

How do we protect visitor information?

 

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

 

Do we use "cookies"?

 

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

 

Do we disclose the information we collect to outside parties?

 

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include our business. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

How can you opt-out, remove or modify information you have provided to us?

 

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping. Third party links In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work). Changes to our policy If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on September 27, 2014.

 Questions and feedback

 We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. Online Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline.

 Your consent

 By using our site, you consent to our privacy policy.