Custom Comet LLC

Terms and Conditions

for the Online Sale of Goods and Services

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM ACCESSING CUSTOMCOMET.COM (THE “SITE”) OR MAKING ANY PURCHASES. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL.  BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH [NAME OF SELLER], OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Site. These Terms are subject to change by Custom Comet LLC, an Oregon limited liability company (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

1. Order Acceptance. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right to refuse to produce any materials, in whole or in part, that in our sole discretion we deem to be offensive, indecent, or otherwise inappropriate.
2. Order Approval. You are responsible for approving final proofs and layouts before the printing process. You agree to approve the final proof and layout our approval system or by confirming with us via email. We are not liable for any errors or alleged errors in the final product that you have approved due to misspellings, typos, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, or finished product size.
3. Color Proofing, Matching & Printing. We are not liable for color matching or ink density on screen proofs that you have approved. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. We try to match the gradient density of each color, but cannot guarantee nor will be liable for the final appearance of a color. Printing may be slightly off-center (<2 mm).
4. Scent; Coloration; Edges. We do not return or refund scented products on the basis that you do not like the scent or strength of a scent, so long as we have used the scent that you ordered. You acknowledge and understand that any products you order (a) may take on the color of the scent, resulting in changes to the color of paper products (this is not a flaw, but an effect of the scent used, or (b) have a modest (<5 mm) turning of the edge due to cutting die.
5. Indemnification. You are solely responsible for obtaining permissions for any registered or unregistered trademarks you include or incorporate into your order. You agree to indemnify, defend, and hold harmless Custom Comet LLC and its members, officers, affiliates, managers, representatives and agents (each an “Indemnitee”) from any claims, lawsuits, damages, liabilities, losses and expenses (including without limitation reasonable attorney fees) of any kind or nature whatsoever (each a “Claim”) brought against any Indemnitee arising from or related to your order alleging or based on trademark infringement, copyright infringement, unfair competition, and/or similar claims that you have violated the intellectual property rights of one or more third parties.
6. Cancellations; Changes to Your Order.
   • You may cancel your order within 24 hours from when you place your order, subject to a 5% administrative fee. If you cancel your order after 24 hours from when you place your order, we will issue a partial refund with respect to the portion of the order not yet underway.
   • You may change your order within 24 hours from when you place your order, subject to a 5% administrative fee and any price differences in your revised order. If you change your order after 24 hours from when you place your order, we will try to accommodate your request to the extent practicable, but reserve the right to decline such requests or request additional payment for such changes.
   • You may change your shipping address within 72 hours from when you place your order. If you change your shipping address after 72 hours from when you place your order but before it ships, we will assess a $25 fee. If you change your shipping address after shipping has commenced, we reserve the right to assess a $100 fee.
   • Except as expressly stated otherwise in these Terms, ALL SALES ARE FINAL, and you will not be entitled to a refund for any product or service that you purchase from us.
7. Prices and Payment Terms.
   • All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   • We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. We may cancel or discontinue any promotion, coupon, or discount at any time.
   • Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept all major credit cards, Apple Pay, Google Pay, Stripe’s LINK, check, ACH and wire payment for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
8. Shipments; Delivery; Title and Risk of Loss.
   • We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. We cover shipping costs to a single address, and we can provide you with a price quote for multiple address shipping upon request. Shipping costs do not include any taxes and fees for international shipments, for which you re solely responsible.
   • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
   • You are responsible for receiving and accepting your order at your shipping address, and your failure to do so may result in you being assessed additional charges.
9. Manufacturing Defects. We use third-party manufacturing and are not responsible for manufacturing defects. If there is a manufacturing mistake, we will not issue a refund but instead have the issue fixed and the order recreated, and the original shipping deadline will be extended at our sole discretion. You agree not to hold us liable for any damages caused by a manufacturing defect.
10. Manufacturer’s Warranty and Disclaimers.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

11. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. The limitation of liability set forth above shall: (i) only apply to the extent not prohibited by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Limited Copyright Grant. By electing to purchase a product from us, you choose to grant us a perpetual, irrevocable, universal, non-exclusive right (i) to copy, display, modify, transmit, make derivative works of, and distribute any content that you transmit or provide to us, solely for the purpose of providing you with the product requested; and (ii) to use your finished product or design on our Site and for promotional purposes (e.g., Custom Comet product gallery, social media).  You will remain the owner of all content that you submit to us, and you represent and warrant to us that you are the owner of the copyright to content that you submit to us, or that you have written permission from the copyright owner to use such content.
14. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.
15. Dispute Resolution and Binding Arbitration.
    • YOU AND CUSTOM COMET LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    • ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as otherwise modified by this Section ‎15. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
    • The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
    • You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CUSTOM COMET LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
    • If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
16. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section ‎16 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
17. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Custom Comet LLC.
18. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
19. Notices.
    • To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us by sending personal delivery, overnight courier, or registered or certified mail to Custom Comet LLC, 8131 SE Taylor Ct, Portland, OR 97215. We may update our email or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
20. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
21. Entire Agreement. These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.