Terms of service
Key Terms of Service Highlights
- This Terms of Service protects Mabuhay Designs & Co LLC by limiting liability, disclaiming warranties, and requiring customer responsibility for orders.
- All sales are final for custom products; refunds only for manufacturing defects.
- Customers must comply with intellectual property laws; you bear responsibility for uploaded designs.
Overview of Protection
These terms prioritize business protection under US laws (e.g., UCC for sales, DMCA for IP). They include disclaimers for product variations, limitation of damages to order value, and indemnification against customer violations. Customers agree to accurate information submission and waive claims for misuse.
Customer Obligations
You must provide valid designs without infringing third-party rights. We reserve the right to reject orders. All custom DTF gang sheets and prints are non-refundable once produced.
Business Contact
Mabuhay Designs & Co LLC 521 Yopp Rd Suite 214341 Jacksonville, NC 28540 Phone: 910-757-7596 Email: mabuhaydesignsco@gmail.com Google Business Profile: https://share.google/BsYKhJqpWSl8JMg4H Website: www.mabuhay.store
Mabuhay Designs & Co LLC operates as a veteran-owned custom printing business in Jacksonville, North Carolina, specializing in DTF gang sheets, UV DTF transfers, laser engraving, custom t-shirts, uniforms, and accessories. The following Terms of Service establish a framework designed to safeguard the company from liability while ensuring transparent transactions. Under US law, including the Uniform Commercial Code (UCC) for goods sales and federal regulations like the Digital Millennium Copyright Act (DMCA) for intellectual property, these terms emphasize disclaimers of warranties, limitations on damages, and customer accountability for design submissions.
The document begins with access and account rules, requiring users to be of legal age and represent that provided information is accurate. This protects the business from fraudulent or unauthorized use, aligning with e-commerce standards to prevent disputes over orders placed by minors or with false details.
Product descriptions highlight the as-is nature of custom items, with no guarantees on appearance due to device variations— a common clause to avoid liability for perceived quality issues. The business reserves rights to modify or discontinue products, limiting exposure to inventory-related claims.
Orders are treated as offers subject to acceptance, allowing rejection for any reason, such as suspected IP infringement. This shields against legal risks from copyrighted designs. Refunds are restricted to defects, with customers responsible for pressing errors, enforcing a no-return policy for custom goods under UCC § 2-718 for liquidated damages.
Pricing and billing clauses enable changes without notice, with taxes and shipping separate, protecting against cost fluctuation claims. Customers warrant payment authority, reducing chargeback risks.
Shipping and delivery terms disclaim liability for carrier delays, transferring risk upon handover, per UCC § 2-509. This is crucial for DTF gang sheets, where timing can affect customer satisfaction.
Intellectual property sections grant perpetual licenses for feedback and prohibit unauthorized use of business trademarks, complying with 17 U.S.C. § 106 for copyright. Customers indemnify for IP violations in uploaded designs, a key protection for custom printing businesses.
Optional tools are provided as-is, disclaiming liability for third-party features. Third-party links shift responsibility to external sites, per standard e-commerce practices.
The Shopify relationship clause releases Shopify from liability, mandatory for hosted stores under their terms.
Privacy references linked policies, ensuring GDPR/CCPA compliance without direct liability.
Feedback grants licenses for user submissions, protecting business use of reviews.
Errors/omissions allow corrections, avoiding breach claims.
Prohibited uses list violations leading to termination, covering harassment, malware, and spam, enforceable under 18 U.S.C. § 1030 for computer fraud.
Termination rights are broad, with surviving clauses like IP and liability.
Warranties are disclaimed to the fullest extent, per UCC § 2-316, limiting implied merchantability.
Liability is capped at order value, excluding consequential damages, under UCC § 2-719.
Indemnification requires customer defense against claims from their breaches, per common contract law.
Severability ensures partial invalidity doesn't void the whole.
Waiver/entire agreement confirms terms as complete, superseding priors.
Assignment allows business transfer without consent.
Governing law sets North Carolina jurisdiction, per choice-of-law principles.
Headings are for convenience.
Changes require periodic review, with notice for material updates.
Contact directs inquiries to business details.
This structure provides robust protection, emphasizing disclaimers, limitations, and customer responsibilities while complying with US e-commerce laws.
| Clause | Business Protection | Legal Basis |
|---|---|---|
| Disclaimers | Limits warranties to as-is | UCC § 2-316 |
| Liability Cap | Damages limited to order value | UCC § 2-719 |
| Indemnification | Customer defends IP claims | Contract law |
| Termination | Broad rights to end access | Common practice |
| IP License | Perpetual use of feedback | 17 U.S.C. § 106 |
Continued-
### Key Points
- These Terms of Service are designed to minimize liability for Mabuhay Designs & Co LLC in custom DTF printing, including no warranties for user-uploaded designs, pressing outcomes, or product variations.
- Customers bear full responsibility for design legality (IP infringement) and application technique; refunds limited to manufacturing defects only.
- Includes ADA accessibility disclaimer (no guarantee of full compliance) and standard federal law protections (UCC, DMCA safe harbor).
- All custom products non-returnable/non-refundable once produced.
### Terms of Service
**Overview**
Welcome to Mabuhay Designs & Co LLC! The terms “we,” “us,” and “our” refer to Mabuhay Designs & Co LLC. We operate this store and website (www.mabuhay.store), including all information, content, features, tools, products, and services (the “Services”).
These Terms of Service (“Terms”) govern your use of the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
**Section 1 - Access and Account**
You must be of legal age in your jurisdiction to use the Services. You are responsible for all activity under your account.
**Section 2 - Products and Services**
Products are custom-made to order. We make every effort to display accurate colors and details, but variations may occur due to device settings, printing materials, or application methods. We provide no warranty that products will match screen representations exactly.
All DTF gang sheets, UV DTF transfers, engraved items, and custom apparel are made-to-order and non-returnable/non-refundable once production begins, except for proven manufacturing defects.
**Section 3 - Orders and Custom Designs**
Placing an order is an offer to purchase, which we may accept or decline. You warrant that all uploaded designs are your original work or that you have full rights to use them commercially. You grant us a royalty-free license to print and fulfill your designs.
You indemnify and hold us harmless from any claims (including IP infringement) arising from your designs. We may refuse or cancel orders suspected of violation.
**Section 4 - Prices, Billing, and Shipping**
Prices exclude taxes and shipping. We are not liable for carrier delays or damage after handover.
**Section 5 - Accessibility**
We strive to make the Services accessible but provide no guarantee of compliance with ADA or other accessibility laws. Use is at your own risk.
**Section 6 - Disclaimer of Warranties and Limitation of Liability**
Services and products are provided “as is” without warranties of any kind. We disclaim liability for pressing errors, design outcomes, or third-party issues.
To the fullest extent permitted by law, our liability is limited to the order amount. We are not liable for indirect, consequential, or punitive damages.
**Section 7 - Intellectual Property**
You retain ownership of your designs but grant us necessary rights for fulfillment. Unauthorized use of our trademarks or content is prohibited.
**Section 8 - Prohibited Uses and Termination**
You may not use the Services for unlawful purposes or upload infringing/malicious content. We may terminate access at any time.
**Section 9 - Governing Law**
These Terms are governed by North Carolina law, with disputes resolved in Onslow County courts.
**Section 10 - Changes and Contact**
We may update these Terms. Continued use constitutes acceptance.
Contact: 910-757-7596 | mabuhaydesignsco@gmail.com | www.mabuhay.store
Last updated: December 29, 2025
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Mabuhay Designs & Co LLC, a veteran-owned custom printing business in Jacksonville, North Carolina, specializes in DTF gang sheets, UV DTF transfers, laser engraving, custom t-shirts, uniforms, and accessories. The Terms of Service above are structured to provide maximum legal protection under applicable US federal and state laws, including the Uniform Commercial Code (UCC) for goods sales, the Digital Millennium Copyright Act (DMCA) for IP safe harbor, and general contract principles limiting liability.
Key protective elements:
- **Custom Product Non-Return Policy**: Explicitly states made-to-order items (DTF gang sheets, custom apparel) are non-refundable once produced, except for defects—standard for POD businesses under UCC § 2-316/2-719.
- **Customer Design Responsibility**: Full indemnification and warranty that uploaded designs do not infringe third-party rights; business reserves right to refuse orders—critical for avoiding copyright/trademark claims.
- **Warranty Disclaimers**: "As is" provision with no guarantees on color match, pressing success, or durability beyond manufacturing quality—limits implied warranty claims.
- **Liability Cap**: Damages limited to order value, excluding consequential losses—enforceable under most state laws.
- **Accessibility Disclaimer**: Acknowledges efforts but no guarantee of ADA compliance—reduces risk of website accessibility lawsuits under Title III.
- **IP License and Prohibition**: Grants necessary rights for fulfillment while prohibiting misuse of business trademarks.
- **Termination and Governing Law**: Broad termination rights and North Carolina jurisdiction for favorable venue.
The terms avoid overreach (e.g., no arbitration clause to prevent unconscionability challenges) while covering standard e-commerce risks. They comply with Shopify's required language on platform relationship and provide clear customer obligations.
For a small veteran-owned operation handling customer-uploaded DTF gang sheets and custom apparel, these terms offer robust protection against common claims (design infringement, pressing failures, color disputes) while remaining customer-friendly in tone.
Contact Mabuhay Designs & Co LLC at 910-757-7596 or mabuhaydesignsco@gmail.com. Visit www.mabuhay.store for DTF gang sheets and custom printing services.
**Key Citations:**
- [Uniform Commercial Code § 2-316 (Disclaimer of Warranties)](https://www.law.cornell.edu/ucc/2/2-316)
- [UCC § 2-719 (Limitation of Remedies)](https://www.law.cornell.edu/ucc/2/2-719)
- [DMCA Safe Harbor (17 U.S.C. § 512)](https://www.copyright.gov/title17/92chap5.html#512)
- [ADA Title III Overview](https://www.ada.gov/topics/title-iii/)
- [Shopify Legal Terms Template Guidance](https://www.shopify.com/legal/terms)