These Terms and Conditions (this “Agreement”) are a legally binding contract by and between Grand Image, Ltd, a Washington corporation (“us”, “we”, “our”, or the “Company”) and you as a user of the website located at www.grandimage.com and any other related products, applications, or services, and any content made available therein (the “Services”).

AGREEMENT
By accessing or otherwise using the Services, you agree to be bound by this Agreement. In using the services you thereby agree and represent to us that you are at least 18 years old, and that you will not impersonate any other person or entity or otherwise misrepresent your identity on or through the Services. We may terminate this Agreement with you and your use of our Services at any time, in our sole discretion. We reserve the right to make changes to this Agreement at any time and in our sole discretion. As such, you should review this Agreement each time you access or use the Services. Your continued use of the Services after we make any such changes constitutes your binding acceptance of those changes.

PRIVACY POLICY
Our Privacy Policy governs our policies and practices collecting, storing, and using personally identifiable information. It is incorporated into this Agreement and by accessing or otherwise using the Services, you represent to us that you have read, understood, and consent to the privacy practices embodied in our Privacy Policy, available at www.grandimage.com.

ACCOUNTS
When you register for an account (an “Account”) through the Services, you are consenting to the collection of such registration information pursuant to our Privacy Policy and represent that: (a) any information provided is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are registering for an account for yourself or someone who you are authorized to act on behalf of. You are solely responsible for maintaining the confidentiality of all Account credentials, such as passwords, and for any activity that occurs under your Account. You hereby agree to immediately notify us of any suspected unauthorized use of your Account. We are not liable for any loss or damages arising from any authorized use of your Account.

PRICES
All prices are subject to change without notice. Please contact your account manager for more details.

MINIMUM ORDER
$75.00 U.S. Dollars not including shipping.

QUOTES
Quotes will be provided for any custom product upon request. Grand Image provides quotes for OED, LTD, BED and commissions within 24 hours from request. Grand Image provides quotes for Framing or Licensing within 48 hours from request. Quotes for quantity and Alternative Substrates may take longer than 24-48 hours and you will be notified of approximate time frame upon request of quote. Grand Image will provide crop references with quote forms if applicable. Quotes are valid 90 days from date of issue.

PRINT VARIANCE
Due to variations in substrate manufacture and environmental factors that affect equipment, images are guaranteed to match the size quoted within a tolerance of one quarter inch.

CUSTOM MANIPULATIONS
Design time fees for color manipulations are charged by the hour. Grand Image requires physical references – cannot be sent digitally - for all color comparison or manipulations. All crops and digital manipulations must be approved by the client before Grand Image will proceed with production of the custom product.

TEST STRIPS
Grand Image requires test strips for any image that is quoted above our enlargement standards/guarantee. Test strips are $25. If a test strip is required by Grand Image, the enlargement is approved and the PO for the custom print is issued, Grand Image will waive the $25 test strip fee.

WRAPS
You may order Solid Color wraps in Black, Turkish Coffee, & White for both Limited Edition (LTD) & BED, and other Solid Color wraps upon requests for LTD orders. Grand Image requires a physical color references for any specific color requests. You may also specify Gallery (formerly Mirror) wraps around the image for gallery wrapping.

TURNAROUND
Limited Edition (LTD) and Signature Edition (SED) ships within 5-10 business days from receipt of PO and established payment. OED ships within 7-12 business days from receipt of PO and established payment. Orders with more than 10 paper items or including more than 5 canvas items may take longer. Grand Image will indicate the turnaround for all custom prints and manipulations, volume orders, commissions or alternative substrates on the quote form.

RUSH FEES
Rush fees are established for any purchase order requiring a turnaround less than the turnaround indicated on the quote form. Rush fees for Limited Edition (LTD), SED or OED is $10 per print with a $250 maximum total fee. Grand Image will determine rush fees for all custom prints/manipulations, volume orders, commissions or alternative substrates at time of order.

STORAGE FEES
To be charged at a minimum rate of $250 per month for any order that remains in storage beyond the agreed-upon timeframe. The actual rate may vary based on the quantity and type of product stored. Be advised that Grand Image cannot assume liability for any products stored beyond 30 calendar days and will only store products for a maximum of 90 days. If you anticipate needing storage for longer than this period, please arrange alternative storage solutions.

USAGE
Grand Image products are for wall décor use and may not be altered including, but not limited to, canvas transfers, etc. without written permission. Grand Image prohibits any posting of Grand Image imagery on websites without prior approval or written permission. Please contact your account manager for permission to post imagery online or to use our images for marketing purposes.

INVOICES
Upon shipment of your order, Grand Image emails digital copies of all invoices. Each invoice includes a tracking # for your shipment. The digital version is the only copy you will receive unless you notify Grand Image of your preference to receive a physical copy via US postal mail. Please designate the appropriate recipient’s email address on the accounting portion of this document.

SHIPPING
Your order confirmation or quote form will designate if your purchase order will ship from a location other than Seattle. Larger orders may be shipped by common carrier. Customers may specify carrier or freight forwarder. In the event your account is not on terms, estimated shipping charges must be prepaid by credit card before Grand Image will ship your order. Once the actual shipping charges are incurred, a credit to your card will be issued if applicable. Grand Image requires notice of any damage or discrepancy with product or invoice within 3 business days of receipt of product.

DROP SHIPPING
If you request a drop ship to another location other than a facility owned or operated by the "bill to" account, please make the recipient of your purchase order aware. Grand Image requires notice of any damage or discrepancy with product within 3 business days of receipt of product.

PAYMENT
Payment must be made in U.S. Dollars. Payment due dates of all approved terms are computed from shipment/invoice date. Sender must pay for all costs of wire transfers of funds, and for any costs of currency conversion. We accept VISA, MasterCard, and American Express. There is a $5,000 credit card charge limit per sales order to avoid a surcharge. A 3% surcharge will be added to all credit card charges over $5,000. A $35 service charge will be levied on any account for a returned check.

RETURNS
Grand Image policy warranties against manufacturer defects only. Manufacturer defects do not include damage due to climate, mishandling in storage and improper installation. Grand Image requires notice of any freight damage or discrepancy with product or invoice within 3 business days of receipt of product. Grand Image extends account credit on acceptable returns. Grand Image does not issue refunds. All finished products (Open Edition/OED, Limited Edition/LTD, Signature Edition/SED, Grand Image Home/GIH, Alternative Substrates) and/or commissioned works are non-refundable nor returnable. No return of stock/inventoried artwork will be accepted as a return if artwork has been trimmed, stretched, framed or altered in any way unless prior approval has been granted by the account manager. Shipping charges are non-refundable. Deposits are non-refundable. All qualified or approved returns must be shipped or returned to Grand Image in the same or similar packaging used by Grand Image. Returned artwork damaged by packaging will not be accepted. The customer is responsible for clarifying proper packaging with Grand Image.

CREDITS
Account credits issued by Grand Image will be available on your account for 90 days. After 90 days, the credit will no longer be available.

NEW ACCOUNTS
All purchase orders will require pre-payment at time of order, unless terms are approved prior to shipping order. Approval of terms can take up to three weeks. Terms apply to orders over $500 net and to non-custom order items. All custom product and orders require a 50% deposit upon receipt of purchase order with pre-determined terms on balance post-shipment.

DEPOSITS
All deposits received by Grand Image Ltd. are non-refundable. A 20% retainer may be required for certain creative services prior to the issuance of a purchase order. This retainer is applied to the total order balance. An example would be to secure an original work of art.

ACCEPTABLE USE POLICY
You acknowledge to have read, understand, and hereby agree to adhere to, the following conditions and acceptable use guidelines, as may be updated from time to time. You hereby agree not to: (a) use language or transmit offensive or profane material, including profanity, obscenities, sexually explicit material, or excessively violent content; (b) harass or threaten other users with behavior or language such as insults, prejudice, defamation, ridicule, libel, or threats; (c) submit material that violates a third party’s rights, including the rights of privacy, publicity, or intellectual property, or soliciting private information from another user, including Account details if applicable; (d) post advertisements; (e) impersonate another person or misrepresent your affiliation with us or others; (f) copy, translate, disassemble, decompile, reverse engineer, or otherwise modify, replicate, or create derivative works of the Services; (g) access, download, or otherwise use the Services by automated means, including harvesting or scraping; (h) use the Services in any way that violates any applicable law.

INTELLECTUAL PROPERTY
Subject to the terms of this Agreement, and your adherence to such terms, we grant you a limited non-transferable, non-exclusive, license to access and use the Services for your personal or internal business purposes. You may not: (a) license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Services; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer, any part of the Services; (c) access the Services in order to build a similar or competitive service; (d) access the Services using automated means, whether through the use of bots, scrapers, or otherwise, unless permitted by this Agreement or when made available by us. Except as otherwise permitted by this Agreement, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the Services is subject to the terms of this Agreement.

All content, images, designs, layouts, code, interfaces, compilations, features, elements, technical data or data incidentally created through the use of the Services, and all copyrights, trademarks, service marks, trade names, or other intellectual property or proprietary rights (“Company Content”) is owned by us or our licensors. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Company Content in whole or in part except as expressly authorized by us, our licensors, or this Agreement. Except for the terms of any license under this Agreement, neither our licensors nor we grant you any express or implied rights in and to the Company Content, and all such rights are retained and reserved to the fullest extent permitted under law.

If you submit any feedback, comments, suggestions, or support requests on or through the Services (“Feedback”), you thereby assign us all right, title, and interest in and to such Feedback.

THIRD PARTY SERVICES
In the event the Services link to, contain, use, integrate with, or access third-party services (“Third-Party Services”), you hereby acknowledge we do not control or operate nor are we responsible for the products, services, content, or reliability of any such Third-Party Services. Your relationship with the Third-Party Services is governed by and subject to the applicable agreement between a particular Third-Party Service and you.

INDEMNIFICATION
You hereby agree to indemnify and hold us and our affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your: (a) use of the Services; (b) violation of this Agreement, or (c) violation of any rights of another including but not limited to intellectual property or privacy rights.

DISCLAIMER + LEGAL LIABILITIES
While Grand Image, Ltd. uses reasonable efforts to include accurate and up-to-date information on this website, it makes no representations as to the accuracy, timeliness or completeness of that information. In using this website, you agree that its information and services are provided "as is, as available" without warranty, express or implied, and that you use this site at your own risk.

To the fullest extent permissible by applicable Washington State law, Grand Image, Ltd. disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Grand Image, Ltd. does not warrant that this website, its servers or emails sent from Grand Image, Ltd. are free of viruses or other harmful components.

Grand Image, Ltd. shall not be liable for any damages or costs, direct, indirect, incidental, punitive, or consequential arising out of or in any way connected with your use of the Services, including lost profits, loss of data or goodwill, service interruption, system failure, or the cost of substitute goods or services arising out of or in connection with this Agreement or the use or inability to use the Services whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage. In no event will our total liability arising out of or in connection with this Agreement or from the use of or inability to use the Services exceed the lesser of the amounts you have paid us through the Services or one hundred dollars ($100).

You further agree that Grand Image, Ltd. and any other parties involved in creating, maintaining, and delivering the Services have no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, or content contained on or otherwise accessed through this website.

Grand Image, Ltd. shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. Grand Image, Ltd. shall assume no liability for any decisions made or actions taken or not taken by you or any user of the Services in reliance upon any information or data furnished hereunder.

DISPUTES
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us and/or our, agents, successors, or assigns, regarding or relating to the Services or this Agreement, will be settled first by good faith mediation between the parties. If the parties are not able to resolve within ninety days of such notice of dispute, then the parties agree the matter will exclusively be settled through binding and confidential arbitration. The arbitration will be conducted in King County, WA before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS, as mutually determined by the parties (if the parties are unable to mutually agree on AAA or JAMS, we will have sole authority to choose either AAA or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration or, if the arbitrator deems them applicable, the procedures for consumer-related disputes. The prevailing party shall be entitled to recover, in addition to any other relief to which it may be entitled, reasonable attorney’s fees and costs of the Arbitration, including the Arbitrator’s fee, unless the Arbitrator determines that the costs shall be shared equally or otherwise determined in the sole discretion of the Arbitrator. 

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may visit the AAA website at: http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may visit the JAMS website at: http://www.jamsadr.com.

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and us or our employees, agents, successors, or assigns, regarding or relating to the Services or this Agreement, will be exclusively governed by the internal laws of the State of Washington, without regard to its choice of law rules and without regard to conflicts of laws principles.

GENERAL LEGAL
This Agreement, which includes our Privacy Policy and any other agreement incorporated hereto by reference, forms the entire and exclusive understanding and agreement between you and us. This Agreement supersedes and replaces any and all prior oral or written understandings. By using the services you consent to receive notices, including this Agreement, in electronic form. Notices may be given via email or by posting to the Services. Any notices provided via email will be deemed given and received on the date and time of transmission. To the extent any provision of this Agreement is deemed invalid or unenforceable, that provision will be interpreted and enforced to the maximum extent permissible under law to give effect to the original intent of such provision with all other provisions will remain in full force and effect. A failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. You may not assign this Agreement or delegate any obligations hereto. We may assign rights or delegate duties under this Agreement in connection with a merger, reorganization, re-domestication, or the sale of all or substantially all of our assets. This Agreement will bind our successors and permitted assigns. This Agreement is governed by the laws of the State of Washington, U.S.A., without regard to its conflict of law provisions.

Last Updated January 23, 2023