Legal & Privacy Policies

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Sound Marketing Solutions, LLC, a New York limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the website Sound Marketing Solutions (the "Site"), any quotes or invoices issued by the Company, and the purchase of any products or services offered by the Company (collectively, the "Products").

By accessing the Site, requesting a quote, submitting an order, approving proofs, making payment, or otherwise engaging the Company, you acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference.

If you do not agree, you must not use the Site or purchase Products.

1. ELIGIBILITY, AUTHORITY & CAPACITY

You represent and warrant that:

• You are at least eighteen (18) years old.
• You have the legal capacity to enter into binding contracts under New York law.
• If acting on behalf of a business, organization, or governmental entity, you are authorized to bind that entity to these Terms.

You agree that these Terms are enforceable against you and any entity on whose behalf you act.

2. NATURE OF BUSINESS & PRODUCTS

The Company provides custom, made-to-order promotional products, including but not limited to merchandise customized with logos, artwork, text, branding, colors, quantities, or specifications supplied or approved by the Customer.

All Products are produced specifically for each Customer and are not mass-market consumer goods.

3. QUOTES, ESTIMATES & ORDER ACCEPTANCE

a. All quotes are estimates based on information provided by the Customer and are subject to change if specifications change.

b. Quotes expire unless otherwise stated in writing.

c. An order is not binding until accepted by the Company in writing and all required payments are received.

Submission of a purchase order, payment, or request for work constitutes an offer to purchase under these Terms.

4. UPFRONT PAYMENT REQUIREMENT

Full payment is required before any proofs, mockups, sourcing, design work, or production begins, unless the Company explicitly agrees otherwise in writing.

Payment constitutes:

• acceptance of these Terms
• acceptance of the Company's Refund Policy
• authorization for the Company to begin work

No work will begin prior to payment.

5. ARTWORK, PROOFS & FINAL APPROVAL

a. Proofs, mockups, or specifications may be provided for Customer review prior to production.

b. Written approval (including email or electronic confirmation) constitutes final authorization to proceed with production.

c. The Customer is solely responsible for verifying all details, including spelling, colors, quantities, dimensions, branding, and compliance with internal brand standards.

d. Errors discovered after approval are not grounds for refund, reprint, credit, cancellation, or chargeback.

Proof approval is irreversible once production begins.

6. CUSTOMER MATERIALS & INTELLECTUAL PROPERTY

a. The Customer represents and warrants that they own or have the legal right to use all artwork, logos, trademarks, and materials submitted.

b. The Customer grants the Company a non-exclusive, worldwide, royalty-free license to reproduce, modify, and use submitted materials solely for order fulfillment and internal records, and for portfolio or marketing samples unless otherwise agreed in writing.

c. The Customer agrees to indemnify and hold harmless the Company from any claims arising from submitted materials, including intellectual property claims.

7. PAYMENT METHODS & THIRD-PARTY PROCESSORS

a. Payments may be accepted via approved third-party processors, including but not limited to credit cards, ACH, Stripe, PayPal, and Affirm.

b. The Company is not a lender. Any financing arrangement (including Affirm) is strictly between the Customer and the financing provider.

c. Financing approval does not alter production timelines, refundability, cancellation rights, or these Terms.

d. The Customer authorizes the Company and its processors to charge the selected payment method for all approved amounts.

8. NO RIGHT OF CHARGEBACK FOR CUSTOM PRODUCTS

To the fullest extent permitted by law, the Customer agrees not to initiate chargebacks, payment reversals, or disputes for custom, made-to-order Products once payment has been made and work has begun.

Initiating a chargeback in violation of these Terms constitutes a material breach and may result in collection efforts, dispute evidence submission, and recovery of fees.

9. REFUNDS, CANCELLATIONS & RETURNS

Refunds, cancellations, and returns are governed exclusively by the Company's Refund Policy, which is incorporated by reference and available on the Site.

Custom Products are non-refundable once production has begun or proofs have been approved.

10. PRODUCTION, SHIPPING & RISK OF LOSS

a. Production and delivery timelines are estimates only.

b. Title and risk of loss transfer to the Customer upon delivery of Products to the carrier.

c. The Company is not liable for delays caused by carriers, customs, weather, labor disruptions, supplier issues, acts of God, or other force majeure events.

11. DISCLAIMER OF WARRANTIES

Products are provided "as is" and "as available."

The Company disclaims all express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Minor variations in color, texture, finish, or placement are inherent in custom manufacturing and do not constitute defects.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by New York law:

• The Company's total liability for any claim shall not exceed the amount paid for the specific order giving rise to the claim.
• The Company shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption.

13. INDEMNIFICATION

The Customer agrees to indemnify and hold harmless the Company, its members, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from:

• breach of these Terms
• submitted materials
• misuse of Products
• violation of law

14. CORPORATE PURCHASE ORDERS & NET TERMS

a. Submission of a purchase order does not override or modify these Terms.

b. Upfront payment is required unless alternative terms are expressly approved in writing by the Company.

c. Approved Net terms apply only to the specific invoice approved and do not establish ongoing credit.

d. Late payments may result in suspension of work, revocation of credit terms, late fees, and collection to the maximum extent permitted by New York law.

15. ARBITRATION & CLASS ACTION WAIVER

Any dispute arising out of or relating to these Terms or any transaction shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall take place in New York County, New York.

You waive the right to participate in any class action, collective action, or representative proceeding.

16. GOVERNING LAW & EXCLUSIVE VENUE

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles.

Any court proceedings permitted under these Terms shall be brought exclusively in the state or federal courts located in New York County, New York.

17. SEVERABILITY & WAIVER

If any provision is held unenforceable, it shall be enforced to the maximum extent permitted, and the remainder shall remain in full force.

Failure to enforce any provision shall not constitute a waiver.

18. MODIFICATIONS

The Company may update these Terms at any time. The version posted on the Site at the time of order governs that transaction.

19. ENTIRE AGREEMENT

These Terms, together with the Refund Policy and any written approvals or invoices issued by the Company, constitute the entire agreement between the parties and supersede all prior agreements or understandings.

20. CONTACT INFORMATION

Sound Marketing Solutions

Eric Distler, Owner

East (631) 766-6984

Baiting Hollow, NY 11933

E-mail: sales@mysms.promo

This Privacy Policy ("Policy") describes how SMS Promotional, LLC, a New York limited liability company ("Company," "we," "us," or "our"), collects, uses, discloses, and protects information obtained through https://mysms.promo (the "Site") and in connection with our products and services.

This Policy applies to information collected online, via invoices, email, payment links, manual entry, and other business communications.

By accessing the Site or engaging with the Company, you consent to the practices described in this Policy.

1. INFORMATION WE COLLECT

a. Information You Provide

We may collect information that you voluntarily provide, including but not limited to:

• name, company name, job title
• email address, phone number, mailing address
• billing and shipping information
• artwork, logos, branding materials
• order specifications and communications

b. Payment Information

Payment information is processed directly by third-party payment processors (including Stripe, PayPal, Affirm, and financial institutions).

The Company does not store full credit card numbers or banking credentials on its servers.

c. Automatically Collected Information

When you visit the Site, we may automatically collect:

• IP address
• browser type and device information
• pages visited and interaction data
• cookies or similar tracking technologies

This data is used for security, analytics, and site functionality.

2. HOW WE USE INFORMATION

We use collected information to:

• process orders, payments, and invoices
• communicate regarding quotes, proofs, and fulfillment
• provide customer support
• comply with legal and regulatory obligations
• detect fraud, abuse, or unauthorized activity
• improve our services and Site functionality

We do not sell personal information.

3. DISCLOSURE OF INFORMATION

We may disclose information to:

• payment processors and financing providers (e.g., Stripe, PayPal, Affirm)
• shipping carriers and fulfillment partners
• service providers performing business functions on our behalf
• legal authorities when required by law, court order, or legal process

Disclosures are limited to what is reasonably necessary to perform these functions.

4. THIRD-PARTY PAYMENT PROVIDERS & FINANCING

Payments and financing options are provided by third parties subject to their own privacy policies.

The Company is not responsible for the privacy practices of payment processors, lenders, or financial institutions.

You are encouraged to review the privacy policies of Stripe, PayPal, and Affirm before using their services.

5. COOKIES & TRACKING TECHNOLOGIES

The Site may use cookies and similar technologies to:

• enable core functionality
• analyze traffic and usage patterns
• improve user experience

You may disable cookies through your browser settings, though some Site features may not function properly.

6. DATA RETENTION

We retain personal information only as long as reasonably necessary to:

• fulfill orders and contractual obligations
• maintain business records
• comply with legal, tax, and accounting requirements
• resolve disputes

Retention periods vary depending on the nature of the information.

7. DATA SECURITY

We implement reasonable administrative, technical, and physical safeguards to protect information from unauthorized access, disclosure, alteration, or destruction.

However, no system is completely secure. We do not guarantee absolute security.

8. YOUR RIGHTS (NEW YORK & U.S. USERS)

Depending on applicable law, you may have the right to:

• request access to personal information
• request correction of inaccurate information
• request deletion where legally permitted

Requests must be submitted in writing. We may require verification of identity and may deny requests where permitted by law.

9. CHILDREN'S INFORMATION

The Site and services are not intended for individuals under the age of 18.

We do not knowingly collect personal information from minors.

10. BUSINESS TRANSFERS

If the Company undergoes a merger, acquisition, sale of assets, or similar transaction, personal information may be transferred as part of that transaction, subject to this Policy.

11. NO GUARANTEE OF CONFIDENTIALITY

Communications transmitted via email or the internet may not be secure.

You acknowledge that information transmitted electronically may be intercepted and that you transmit information at your own risk.

12. POLICY MODIFICATIONS

We may update this Privacy Policy at any time.

The version posted on the Site at the time of data collection governs the use of that information.

13. GOVERNING LAW

This Privacy Policy is governed by the laws of the State of New York, without regard to conflict-of-laws principles.

14. CONTACT INFORMATION

Questions regarding this Privacy Policy must be submitted in writing to:

Sound Marketing Solutions

Eric Distler, Owner

East (631) 766-6984

Baiting Hollow, NY 11933

E-mail: sales@mysms.promo