Terms of Use

 

Parkland Brands, LLC Terms of Use Agreement

 

Important! Please Read This Agreement Thoroughly

This document outlines the terms and conditions that govern your access to and use of our website(s), as well as the acquisition of services and products offered on our website(s).

This Terms of Use Agreement, along with our Privacy Policy, Copyright Notice and Takedown Policy, Terms of Sale, and any other applicable terms and conditions, collectively referred to as the "Agreement," governs your access to and use of the Parkland Brands, LLC websites including but not limited to MLSsigns.com and their subpages, URLs, trademarks, trade names, logos, copyrights, and other content. It also covers your acquisition of products ("Products") and services ("Services") when you visit or shop on our website(s).

By accessing or using our websites or acquiring any Products or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You accept and agree to be legally obligated by this Agreement, which may be updated or revised from time to time. It is your responsibility to review this Agreement regularly.

If you do not agree to the terms of this Agreement, you are not authorized to use or access our websites or acquire our Products or Services.

 

Modification of the Agreement

We reserve the right to modify this Agreement at any time. Any updates, revisions, or additions will be effective immediately upon publication on our websites, and your continued use of our websites will constitute acceptance of these changes. It is your responsibility to regularly review the Agreement for updates.

 

Modification or Termination of Services

We may, at our discretion, modify, suspend, or discontinue any aspect of our websites, Products, or Services without prior notice. This includes changing or removing content, services, or materials. We are not liable for any modifications or discontinuations of our websites, Products, or Services and may restrict access to our websites or Products at any time.

 

Accessing Our Services

To use our websites or acquire Products or Services, you must have access to the internet through a device and pay any service fees associated with that access.

 

Limited License

We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our websites, subject to compliance with this Agreement. This license does not permit you to collect or use any product listings, descriptions, prices, or other content on our websites for commercial purposes. You may not copy, reproduce, or distribute any materials from our websites except as permitted for personal, non-commercial use. Any unauthorized use of our content, trademarks, or services may result in the termination of your license.

 

Linking and Commercial Use

You may not use our trademarks, copyrighted materials, or Products for commercial purposes without our prior written consent. To obtain permission, contact info@MLSsigns.com.

 

Security, Cracking, and Hacking

You must not attempt to violate the security of our websites or interfere with other users' access to our services. Violations of security protocols may result in civil or criminal liability.

Spidering You may not use automated tools to download or "spider" our websites without permission, as this infringes on our copyrights.

 

Termination

We reserve the right to terminate your access to our websites or Services if your actions violate this Agreement.

 

User Responsibility

You are solely responsible for all activities conducted through your account. You must provide truthful and accurate information and use our websites in good faith. You agree not to engage in fraudulent or illegal activities or to transmit harmful content through our websites.

 

Account Security

If you create an account on our websites, you are responsible for keeping your account information and passwords secure. You must notify us immediately of any unauthorized access to your account.

 

 

 

Submissions

Any ideas, feedback, or materials you submit to us become our property. We reserve the right to use your submissions for any purpose without compensation to you.

 

Intellectual Property Rights

You agree not to use or transmit any material that infringes on our or others' intellectual property rights. Our trademarks, logos, and copyrighted materials are protected, and you may not use them without prior consent.

 

Ownership of Content

All content on our websites, including trademarks and materials, are our property or the property of our licensors and are protected by intellectual property laws.

 

Privacy

We respect your privacy and handle your personal data in accordance with our Privacy Policy. For details, refer to the Privacy Policy on our websites.

 

If you believe your rights are being violated on our websites, please refer to our Copyright Notice and Takedown Policy by contacting info@MLSsigns.com.

 

Compliance with Laws
You are authorized to use our PARKLAND BRANDS, LLC Websites, Products, and Services only for lawful purposes. Your access to and use of these websites, Products, and Services is contingent upon your agreement to comply with all applicable local, state, national, and international laws, regulations, and statutes related to their use. This includes compliance with laws governing the export of data from the U.S. (or your country if outside the U.S.), as well as the obligation not to export or re-export such data or materials in violation of any applicable laws without obtaining necessary approvals and licenses, including authorization from us.

Access to Certain Services
As a courtesy, we may offer you access to specific PARKLAND BRANDS, LLC Websites for obtaining quotes or purchasing signs and design services. You acknowledge that these services are subject to the policies of the respective websites, in addition to this Agreement. Please contact the website representative for any policy details prior to purchasing. For further information, contact us at info@MLSsigns.com.

No Liability for Unavailability
We are not responsible for any downtime or unavailability of our PARKLAND BRANDS, LLC Websites, whether in full or in part. Access to these sites may be restricted for various reasons, including for registered users.

Consent to Agreement
By submitting your information electronically, you agree to be bound by the terms of this Agreement. Under relevant laws, including the Electronic Signatures in Global and National Commerce Act (E-Sign Act), you consent to using electronic signatures and records in all transactions. You also waive any rights requiring physical signatures or non-electronic records and acknowledge that this Agreement can be printed or obtained by contacting us at info@MLSsigns.com. There may be a fee for physical copies.

Electronic Communications
By interacting with our PARKLAND BRANDS, LLC Websites, including sending emails or messages via the internet, you consent to receive communications electronically from us. All such communications, including contracts, notices, and records, will fulfill legal requirements that they be in writing.

Links to Third-Party Sites and Information
You acknowledge that our PARKLAND BRANDS, LLC Websites may contain links to external websites that are not under our control. We do not endorse or take responsibility for any content, products, or services offered by third-party websites. We disclaim any responsibility for the accuracy, availability, or security of information on these sites.

No Warranties
Your use of our PARKLAND BRANDS, LLC Websites and Services is at your own risk. Our sites, products, and services are provided "as is" without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that our websites will operate without interruption or error, nor do we ensure the accuracy or reliability of the content, pricing, or availability of services offered.

Limitation of Liability
You agree that PARKLAND BRANDS, LLC and its affiliates are not liable for any damages arising from your use of our Websites or Services, including direct, indirect, incidental, or consequential damages. If any liability is found, it will be limited to direct damages up to $250.00, and you agree that any claims must be filed within one year of the cause of action arising.

Indemnification
You agree to indemnify and hold harmless PARKLAND BRANDS, LLC and its affiliates from any claims, losses, or damages arising from your use of our Websites, products, or services, including claims for copyright infringement, defamation, or violations of privacy or publicity rights.

Force Majeure
We will not be liable for any delays or failures in performance caused by circumstances beyond our control, such as natural disasters, government actions, wars, or labor disputes.

Terms of Sale
All purchases through our PARKLAND BRANDS, LLC Websites are governed by our Terms of Sale, which are incorporated into this Agreement. If any conflict arises between this Agreement and the Terms of Sale, the Terms of Sale will take precedence.

Acceptance of Terms
By placing an order, you confirm that you are of legal age and have the authority to enter into this Agreement. If placing an order on behalf of an organization, you affirm your legal authority to bind that organization to these terms.

Order Acceptance and Cancellation
Your order is considered an offer to buy, and we may refuse to accept orders at our discretion, even after sending an order confirmation.

Prices and Payment Terms
Prices, discounts, and promotions may change without notice. The price for Products or Services is the price at the time of order, and additional charges for taxes, shipping, and handling will be added. Payment must be made before we accept the order. We accept major credit cards, and you agree to provide accurate and complete payment information.

Shipments, Delivery, Title, and Risk of Loss
We will arrange for the delivery of Products and Services. Title and risk of loss transfer to you upon our transfer to the carrier or delivery of Services. Shipping dates are estimates and subject to delays.

Customized Products and Services
Customized Products and Services, including signs and business cards, are created through your input on our PARKLAND BRANDS, LLC Websites. You agree that you are responsible for the accuracy of content, layout, and design. We do not review customized content for errors, and you confirm that your design complies with all legal and content guidelines outlined in our Terms of Use.

Color Matching:
Our Products and Services are offered through the PARKLAND BRANDS, LLC Websites, accessible via computer monitors connected to the Internet. You acknowledge that monitors display images and colors in different ways, influenced by both hardware and software settings. Due to the lack of a universal standard for monitor configurations, colors may appear differently across devices. While we make efforts to ensure that the colors shown on your screen closely match those on the printed Products, monitor settings, lighting conditions, and pigment variations mean we cannot guarantee an exact color match. You agree that we cannot ensure that the colors you see on your screen will appear the same on the actual Product.

Materials:
Our Products are crafted from various materials such as aluminum (0.40 and 0.63), brushed aluminum, PVC, polyethylene, plastic, steel, and polystyrene. By purchasing from our PARKLAND BRANDS, LLC Websites, you confirm that you understand the materials listed and know what you are buying. We guarantee that the Products you order will match the materials described, but we are not responsible if the materials differ from what you expect based on your interpretation.

Uploaded Images:
Our PARKLAND BRANDS, LLC Websites allow users to upload images for signs or other Products. You are responsible for ensuring the quality of the images you upload. We attempt to assess the optimal viewing distance for your image based on the DPI (dots per inch) in the file. However, we cannot guarantee image quality for all file types. You agree to ensure that the images you upload are of sufficient quality for the size and format of the Product you're purchasing.

Production Time:
We aim to produce and deliver orders by the guaranteed delivery date specified in your order confirmation email. Orders placed before 5:00 PM Eastern Time Monday to Friday are considered placed that day, while those placed after 5:00 PM or on weekends will be considered placed on the next business day. You agree that it will take at least five (5) business days to produce your order, but this timeframe may be extended depending on order complexity and business volume. Additionally, our production time may be impacted by your response to our inquiries regarding your order.

Order Changes:
We provide several opportunities to review, revise, or cancel your order before it is placed. Once an order is submitted, we are not obligated to make changes or cancellations. While our employees may assist with changes, they are not required to do so. You agree that your order is final once placed, and no further changes will be made.

Returns and Refunds:
We accept returns and offer refunds only for unused stock Products (such as frames and stock riders). Customized or printed Products are non-returnable. For accepted returns, we will refund the purchase price minus shipping and handling costs, provided the return is made within thirty (30) days of shipment or within thirty (30) business days of receiving an RMA (Return Merchandise Number). The returned items must be in "like new" condition. You are responsible for return shipping charges and assume the risk of loss during shipment. A 15% restocking fee may apply. Refunds will be issued to the original payment method after the returned item has been inspected and restocked.

Unconfirmed Custom Orders:
All custom orders require confirmation from the customer before production begins. Confirmation can be provided through online approval, email, chat, or phone within 45 days of the order. If we fail to receive confirmation within 60 days after multiple attempts to contact you, we reserve the right to:

Retain payment to cover material, production, and administrative costs;

Custom Artwork:
We retain ownership of custom artwork files created for each customer or brokerage. A $25 fee per artwork file will be charged for requests to receive the original print-ready files.

Copyright Infringement Notice:
We take copyright claims seriously. If you believe any content on our PARKLAND BRANDS, LLC Websites infringes your copyright, you may submit a written notice following the DMCA guidelines for removal. Please include all required information for your claim to be valid. If you believe a material was removed in error, you may file a counter-notice with us. If we do not receive a legal challenge within 10 business days, the removed content may be restored. Repeated infringement may result in account termination.

Dispute Resolution:
Any disputes under this Agreement that cannot be resolved through negotiation will be subject to binding arbitration, in accordance with the rules of the American Arbitration Association. Arbitration will take place in Parkland, Florida. The prevailing party may recover reasonable attorneys' fees. Arbitration proceedings will be confidential. No class action suits will be allowed under this Agreement.

Waiver of Jury Trials
By agreeing to this agreement, both you and we waive the right to resolve disputes through court or jury trials. Other rights typically available in a courtroom may also be limited in arbitration. Any claim, dispute, or controversy (whether related to contract, tort, statutory law, consumer protection, or intentional tort) arising from your acquisition of our Products or Services through our PARKLAND BRANDS, LLC Websites will be exclusively resolved by binding arbitration.

Injunctive Relief
You acknowledge that any violation of this Agreement involving the disclosure, use, copying, distribution, or publication of materials or information from our PARKLAND BRANDS, LLC Websites will cause irreparable harm to us. Such harm cannot be compensated by money damages alone. Therefore, we may seek injunctive relief to prevent further violations. You also waive any bond requirements for issuing such injunctive relief.

Choice of Law and Forum
Our Services and Products are governed by the laws of the State of Florida, USA, even if accessed globally. By using our PARKLAND BRANDS, LLC Websites or Services, or acquiring our Products, you agree that Florida law governs all related matters. You also consent to the exclusive jurisdiction and venue of courts in Orange County, Florida, USA, for any disputes, subject to the dispute resolution process mentioned earlier.

Adult Use Only
Our PARKLAND BRANDS, LLC Websites, Products, and Services are not intended for use by minors. If you are under 18 years of age or not legally an adult in your jurisdiction, you must immediately cease using our Websites and Services.

Notices

To You:

To Us:

QR Code Generation Disclaimer
QR codes generated on our MLSsigns.com platform are static, meaning they cannot be updated once created. We cannot guarantee the long-term functionality of these codes if the destination URL is changed or removed. Users are responsible for ensuring that linked content remains accessible and up-to-date. Dynamic QR codes, which can be updated, may be more suitable for certain applications. We are not liable for any damages related to the use of QR codes, including lost profits or website downtime.

Miscellaneous Terms
This Agreement constitutes the entire understanding between you and us regarding the use of our Websites and Services. If any provision is found invalid, the remaining terms will stay in effect. We may assign our rights and obligations under this Agreement without notice to any affiliate or third party acquiring our assets. You cannot assign this Agreement without our prior consent.

Mobile Terms of Service
By consenting to our mobile message service, you agree to receive recurring SMS/text messages from Parkland Brands, LLC. You may opt out at any time. Message frequency may vary, and message and data rates may apply based on your mobile plan. You may contact us for support or assistance by texting HELP or calling 954-408-2650. You are responsible for ensuring the accuracy of your contact details.