THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH
RESPECT TO ALL TRANSACTION(S). THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN
INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT
PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS
ENTIRETY BEFORE CLICKING TO “AGREE” WHICH SHALL CONFIRM YOUR ACCEPTANCE HEREOF.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO
THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C)
ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S
CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
- Applicability of Terms and Conditions: These terms and conditions (these “Terms”) shall apply to your
purchase of products through http://www.1in500llc.com 1 (the “Site”). These Terms are subject to change at any time
without prior written notice by 1 in 500, LLC (referred to herein as either “1 in 500,” “Company,” “we,” “us,” or
“our”). The most recent version of these Terms shall be posted for your review at any time on the Site, and will
also be linked for your review prior to consummating each transaction with us. Please review these Terms in
their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting
of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of
and agreement to any changes therein made. - Online Orders; No Assignment of Copyright or Other Intellectual Property Rights: When placing an
order on our Site, you are offering to purchase the products you select. We then reserve the right to accept or
reject any order in our own discretion. 1 in 500 offers limited runs of products, so all offers to purchase are
subject to final availability, even if the Site indicated availability at the time of your order. Orders may be
rejected for any other reason as well, in our discretion. Should we elect to accept your offer to purchase, you
will receive a confirming email at the email address that you provided. Notwithstanding the confirmation email
having been sent, we reserve the right to cancel an order even once such acceptance has occurred in our
sole discretion, but if we do so we will provide a refund for any amount paid. You also have the option of
cancelling your order (in its entirety only), but you may do so only prior to our having sent to you the
confirming email referenced above. You agree and acknowledge that by purchasing a product (e.g., a print)
you do not obtain the copyright or other intellectual property rights manifested therein. All copyright and other
intellectual property rights are and shall remain owned by 1 in 500. You are not permitted to make derivative
works, sell, publicize, or publish a copy of the products we sell. - Payment Terms; Taxes: All applicable prices are set forth alongside the goods and services offered on the
Site. Such prices are subject to change prior to your order’s acceptance at any time by us in our sole
discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales,
use, excise, and related taxes (which will only be charged by us for sales shipping to addresses within Texas);
and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a
bona-fide electronic payment provider (i.e., Google, PayPal, etc). By using any such card or payment provider,
you are hereby representing and warranting your full right and authority to make such purchase in the manner
elected without violating any applicable law, rule, or regulation. If your shipping address selected is within
Texas, but you believe you are exempt from payment of sales taxes, please contact us at info@1in500llc.com 2
and provide a valid exemption certificate. Once reviewed and approved, we will process a refund of Texas
sales taxes collected. - Shipping Information; Third Party Recipients: It is our responsibility to ship your accepted order to the
address you provide when making the order. You will be responsible for all associated shipping & handling
charges, as indicated in your order. While we agree to use reasonable efforts to meet the shipping and
1 NTD: Please confirm this is right.
2 NTD: Please confirm this is the right email to use for this purpose.
Page 2
delivery dates provided online, we are not responsible for any delays in shipments. You agree that all of the
Terms herein apply, whether you are the recipient or you have direct shipping products to a third party.
- Returns: All sales are final once we have sent email confirmation of your order, and there are no returns.
You agree to bear the risk of loss or damage during shipment and must work directly with the carrier to
address any claims you may have regarding missing products or products damaged in transit once they have
left our possession. - Representations, Warranties, Covenants and Assumption of Risk; Disclaimers; Limitations on
Liability:
(a) Buyer’s Representations, Warranties, Covenants: You represent, warrant, and/or covenant as follows:
(i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms,
any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you or
any third party recipient designated by you will use the products provided hereunder only as authorized and
never in any way that would violate any applicable law, our copyright and other intellectual property rights in
the products, and/or any third party right of any kind; and (iii) that you are buying goods from the Site for solely
your own use, or the personal use of a third party you designate, and not for resale and/or export. 3
(b) Buyer’s Assumption of Risk: Although 1 in 500 products are created and sold as limited run products,
meaning that 1 in 500 intends for there to only be a total of 500 products that are identical to the one(s) you
purchase, you acknowledge and agree to assume the risk of unauthorized reproduction and distribution by
third parties. You agree that 1 in 500 reserves the right, and shall not be required, to choose in any such
instance whether to pursue action to stop unauthorized reproduction and/or distribution, but will not be
required to reimburse you for any diminution in value or otherwise due to such occurring.
(c) “AS-IS” Products. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 1 IN 500 MAKES NO
REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR
BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND DISCLAIMS ANY WARRANTIES,
WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY
WARRANTY AS TO THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES (1 IN 500 HAS NO ACTUAL KNOWLEDGE OF ANY INFRINGEMENT OR ALLEGATIONS
THEREOF AT THE TIME OF PRODUCT SHIPMENT). 4
(d) Sole and Exclusive Remedies; Limitations of Liability: YOUR SOLE AND EXCLUSIVE REMEDY FOR
A BREACH OF THIS AGREEMENT BY 1 IN 500 IS A RETURN OF THE PURCHASE PRICE. SUBJECT
TO APPLICABLE LAW, THE FOREGOING REMEDY IS OUR ENTIRE OBLIGATION AND LIABILITY
HEREUNDER. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR
OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE
FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO
CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL,
REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW
3 NTD: Do you need this (iii)? Do you want to push people to get a resale/wholesale agreement separately?
4 NTD: This is so that if someone else sues you for copyright infringement of their work, you aren’t on the hook to your
customer for the same issue.
Page 3
FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
- Privacy Policy and Website Terms of Use: Please review our Privacy Policy and Website Terms of Use,
which can be found at the following addresses respectively: https://1in500llc.com/privacy-policy and
https://1in500llc.com/policies/terms-of-service. The Privacy Policy governs our processing of all personal
information that we may collect from any person through the use of our Site. The Website Terms of Use
governs your use of our Site in general. Both the Privacy Policy and Terms of Use are incorporated herein by
reference. - Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is
intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of
any nature whatsoever under or by reason of these Terms. - Force Majeure: 1 in 500 shall not be held responsible for delays or non-performance caused by activities
or factors beyond its reasonable control, including without limitation, war, weather, pandemic, strikes, floods,
lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-
performance, or failures of any kind. - Assignment: 1 in 500 may assign or otherwise transfer any or all of its rights or obligations hereunder, in
whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any
of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do
so shall be null and void. - Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or
unenforceable, the remaining provisions shall continue in full force and effect. - Governing Law/Binding Arbitration.
(a) Governing Law. These Terms shall be governed by the laws of the State of Texas without regard to its
conflict of laws principles.
(b) Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to
give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii)
your right to consolidate any claim and/or participate in any class-action claim that may arise
hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature
arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by
arbitration administered by the American Arbitration Association in accordance with its commercial
arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in
Travis County, Texas. The language of the arbitration shall be English. The arbitrators will be bound
to adjudicate all disputes in accordance with the laws of the State of Texas. The decision of the
arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the
parties. We shall bear all of our own costs, as well as your reasonable outside attorneys’ fees, actually
incurred in connection with any such arbitration proceedings; provided, however, that if we are the
prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your
behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any
right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This
Section 12. provides your sole recourse for the settlement of any disputes arising out of, in
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connection with, or related to these Terms. If any provision of this clause is found unenforceable,
such unenforceable provision will be removed and the remaining terms will be enforced.
(c) Small-Claims Option: Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim
in small-claims court in Travis County, Texas rather than submit to binding arbitration, but only if you provide
us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims
court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted
to file, or participate in, a class action suit or consolidated claim in small-claims court with respect to these
Terms.
- No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to
make such enforcement in the future, subject to applicable law. - Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on
the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing
addresses. You can contact us at any time by any of the following means: (i) email at support@1in500llc.com 5
; or (ii) personal delivery, overnight courier, or registered or certified mail to: 1 in 500, LLC, PO Box 80502,
Austin, Texas 78708. - Entire Agreement: These Terms, along with the confirmation email referenced in Section 2 above, any
instructions that we provide you with relating to any product or service you obtain from us through the Site,
and our Site’s “Terms of Use” and “Privacy Policy,” shall, collectively, be deemed a final and integrated
agreement between you and us with respect to the subject matter hereof.
5 NTD: Verify email address to use.