Overview
These Website Terms of Use ("Terms") govern access to and use of operatorgoodsco.com and related websites, accounts, private branded stores, and online services operated by Operator Goods Co., LLC. By accessing or using the services, you agree to these Terms. If you use the services on behalf of a business or organization, you represent that you have authority to bind that organization.
Business Purpose
Operator Goods Co. provides branded merchandise, apparel, promotional products, awards, product sourcing, customization, procurement, ecommerce, private branded stores, fulfillment, and related services, primarily for business customers. Product purchases are also subject to our Customer & Order Terms and Conditions and any applicable quote, order confirmation, invoice, program agreement, or written statement of work.
Accounts and Access
Certain services require an account. You are responsible for providing accurate information, safeguarding credentials, and activity under your account. You must promptly notify us of suspected unauthorized use. We may suspend or terminate access for security concerns, misuse, fraud, trademark concerns, nonpayment, termination of a sponsoring program, or violation of these Terms.
Third-Party Brands and Trademarks
Operator Goods Co. is an independent provider. Third-party company names, product names, logos, trademarks, service marks, trade dress, photographs, and other brand assets displayed or referenced on our services are the property of their respective owners. Unless expressly stated in writing, their appearance does not constitute or imply sponsorship, endorsement, authorization, affiliation, partnership, or approval of Operator Goods Co. by the applicable brand owner, manufacturer, franchisor, or other rights holder.
References to third-party brands are used for product identification, sourcing, informational, or descriptive purposes. Products may be sourced through manufacturers, distributors, suppliers, decorators, and/or licensees, as applicable. Brand availability, customization options, ecommerce eligibility, and permissible uses may be subject to supplier and brand-owner requirements.
Customer and Franchise Brand Materials
If you upload or provide a logo, trademark, artwork, photograph, design, name, slogan, brand standard, or other material, you represent and warrant that you own it or have all rights, permissions, licenses, and approvals necessary for Operator Goods Co. and its production partners to use it as requested. If you are a franchisee, operator, dealer, employee, licensee, or affiliate of a third-party brand owner, you also represent and warrant that the requested use complies with applicable franchise agreements, licensing terms, brand standards, and restrictions.
Our acceptance of materials or an order is not a determination that you possess the necessary rights. We may request evidence of authorization and may refuse, suspend, or cancel a request if authorization is unclear or we reasonably believe the use may violate law, supplier requirements, or third-party rights.
Limited License to Customer Materials
You retain ownership of customer-supplied artwork and intellectual property. You grant Operator Goods Co. and its suppliers a limited, non-exclusive license to reproduce, resize, convert, position, transmit, decorate with, and otherwise use those materials solely as reasonably necessary to quote, proof, produce, fulfill, support, or administer your requested products or services. We will not use customer or franchisor marks in our public portfolio, advertising, or social media solely because an order was placed; separate permission may be required.
Operator Goods Co. Intellectual Property
Except for third-party and customer-owned materials, the website, its original copy, layout, software, processes, templates, graphics, and other Operator Goods Co. content are owned by or licensed to Operator Goods Co. You may use the services for their intended business purpose but may not copy, scrape, reproduce, reverse engineer, or commercially exploit our content or systems except as permitted by law or written agreement.
Product Information and Availability
Product images, colors, specifications, dimensions, inventory, decoration options, and descriptions may be supplied by manufacturers, distributors, licensors, or other sources. We seek accuracy but do not guarantee that all online information is complete, current, or error-free. We may correct errors, update information, discontinue items, or cancel and refund an order before production for pricing errors, inventory problems, product discontinuation, suspected fraud, trademark concerns, or similar legitimate reasons.
Private Branded Stores
Operator Goods Co. may create and operate private branded stores for sponsoring organizations. Operator Goods Co. retains ownership of the underlying store platform, templates, configuration, and Operator Goods Co. content, while each rights holder retains ownership of its trademarks and customer-provided materials. Product selection may be determined collaboratively by Operator Goods Co. and the sponsoring organization, subject to supplier and brand requirements.
Acceptable Use
- Do not use the services for unlawful, fraudulent, deceptive, infringing, abusive, or unauthorized purposes.
- Do not upload malicious code, interfere with security, probe systems without authorization, or attempt unauthorized access.
- Do not submit trademarks, copyrighted works, personal information, or other materials you lack authority to use.
- Do not scrape, harvest, or use automated means to extract content or account information except with our written permission.
Promotions
Sweepstakes, contests, giveaways, and promotions may be governed by separate Official Rules. Those rules control the promotion in the event of a conflict with these Terms.
Third-Party Services
Our services may integrate with or link to third-party payment, shipping, ecommerce, analytics, advertising, social, or other services. We are not responsible for the independent terms, privacy practices, availability, or content of those third parties.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OPERATOR GOODS CO. DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW.
PRODUCT-SPECIFIC WARRANTIES AND REMEDIES ARE ADDRESSED IN THE CUSTOMER & ORDER TERMS AND ANY APPLICABLE MANUFACTURER WARRANTY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR GOODS CO. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, OR LOSS OF DATA, ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE OR ONLINE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPERATOR GOODS CO.'S AGGREGATE LIABILITY ARISING FROM THE WEBSITE OR ONLINE SERVICES WILL NOT EXCEED THE AMOUNT PAID TO OPERATOR GOODS CO. FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR $100 IF NO PURCHASE IS INVOLVED. SOME LAWS MAY NOT ALLOW CERTAIN LIMITATIONS, IN WHICH CASE THEY APPLY ONLY TO THE EXTENT PERMITTED.
Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Operator Goods Co., its affiliates, owners, officers, employees, agents, contractors, and production partners from third-party claims, damages, liabilities, losses, costs, and reasonable attorneys' fees arising out of your customer-supplied materials, unauthorized use of intellectual property, violation of these Terms, misuse of the services, or violation of applicable franchise, licensing, or brand requirements. The procedure and scope of indemnification may be further addressed in applicable order or program terms.
Governing Law; Venue
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. To the extent a dispute is not subject to another written dispute-resolution agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in or serving DuPage County, Illinois, except where applicable law requires otherwise.
Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
This waiver applies only to the extent it is enforceable under the law that applies to you.
Changes and Termination
We may update these Terms by posting a revised version with a new effective date. We may suspend or discontinue all or part of the services, subject to applicable contractual and legal obligations.
Severability; No Waiver
If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver.
Contact us
Operator Goods Co., LLC
900 Ogden Ave., #192, Downers Grove, IL 60515
info@operatorgoodsco.com
operatorgoodsco.com