Terms of Service
Terms of Service
Overview
This website is operated by Ultimate Performance Prints. Throughout the site, the terms “we,” “us,” and “our” refer to Ultimate Performance Prints.
Ultimate Performance Prints offers this website, including all information, tools, products, and services available through this site, conditioned upon your acceptance of the terms, conditions, policies, and notices stated here.
Our online store is powered by Shopify, which provides the e-commerce platform that allows us to sell our products and services to you.
By visiting our website, creating an account, submitting artwork, placing an order, or purchasing from us, you agree to be bound by these Terms of Service and all policies referenced within them, including our Refund Policy and Privacy Policy.
Please read these Terms carefully before using our website or placing an order.
If you do not agree with these Terms, you should not use our Services or place an order.
Section 1 – Eligibility, Accounts & Customer Information
By using our Services, you represent that you are at least the age of majority in your state or jurisdiction of residence or that you have permission from a parent or legal guardian to use the Services.
You agree to provide current, complete, and accurate information when creating an account or placing an order.
You are responsible for maintaining the confidentiality and security of your account information and for activity occurring through your account.
You may not transfer, sell, assign, or license your account to another person without our permission.
Section 2 – Custom Printed Products
Many products sold by Ultimate Performance Prints, including DTF transfers, gang sheets, and other printed products, are custom manufactured specifically for each customer's order.
Because these products are custom produced, customers are responsible for carefully reviewing all artwork, sizes, quantities, specifications, and order information before completing their purchase.
Once an order enters production, changes, cancellations, refunds, or exchanges may not be possible.
All returns, replacements, credits, and refunds are governed by our Refund Policy.
Section 3 – Customer-Supplied Artwork
By uploading, emailing, submitting, or otherwise providing artwork to Ultimate Performance Prints, you represent and warrant that:
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You own the artwork; or
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You have obtained all necessary rights, licenses, permissions, and authorizations required to reproduce the artwork.
This includes any copyrights, trademarks, logos, photographs, illustrations, characters, brand names, or other intellectual property contained within the artwork.
Ultimate Performance Prints does not verify ownership or licensing of customer-submitted artwork.
You are solely responsible for determining whether you have the legal right to reproduce the artwork you submit.
By submitting artwork, you authorize Ultimate Performance Prints to reproduce, modify as reasonably necessary for production, print, manufacture, and otherwise use the artwork solely for purposes related to producing and fulfilling your order.
You agree to indemnify and hold Ultimate Performance Prints harmless from claims, damages, expenses, losses, or legal fees resulting from allegations that artwork supplied by you infringes the copyright, trademark, publicity, privacy, or other rights of another person or business.
We reserve the right to refuse or cancel any order containing artwork that we believe may be unlawful, fraudulent, abusive, threatening, hateful, infringing, or otherwise inappropriate.
Cancellation of an order by us does not represent a determination regarding ownership or legality of the artwork.
Section 4 – Artwork Quality & File Preparation
Customers are responsible for submitting artwork suitable for printing.
This includes responsibility for:
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Artwork resolution
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Image quality
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Dimensions
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Proportions
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Transparency
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Background removal
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Spelling
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Design content
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Layout
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Quantities
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Transfer sizes
Low-resolution, pixelated, blurry, compressed, or otherwise poor-quality artwork may produce lower-quality printed results.
Unless specifically purchased or agreed upon, Ultimate Performance Prints is not responsible for correcting, recreating, proofreading, resizing, enhancing, or otherwise modifying customer artwork.
We may make minor technical adjustments when reasonably necessary for production.
These adjustments do not constitute artwork approval or proofreading by Ultimate Performance Prints.
Section 5 – Gang Sheets & Sizing
Customers using a gang-sheet builder or submitting completed gang sheets are responsible for confirming the size, orientation, layout, placement, and quantity of the designs contained on the gang sheet.
Displayed dimensions refer to the dimensions submitted through our ordering system.
Customers should verify transfer dimensions before completing their order.
Variations that are insignificant and inherent to digital printing, trimming, software processing, or production are not considered defects.
We are not responsible for incorrect sizes resulting from artwork or dimensions selected or submitted by the customer.
Section 6 – Colors & Color Matching
We make every reasonable effort to produce high-quality, consistent color.
However, color displayed on a computer monitor, phone, tablet, or other electronic device is not a reliable representation of final printed color.
Screens typically display color using RGB while printed products are produced using printer-specific ink, color-management, film, adhesive, and production processes.
As a result, exact matches to:
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RGB values
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HEX colors
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Pantone colors
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Computer or phone screens
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Other printers
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Previous products manufactured using different equipment or materials
cannot be guaranteed unless we have specifically agreed to a color-matching process in writing.
Minor color variations between print runs may also occur.
Normal color variation is not considered a manufacturing defect.
If a specific color is critical, customers are encouraged to order a printed color sample or test before placing a large production order.
Section 7 – DTF Transfer Application
DTF transfers require proper heat, pressure, time, peeling technique, and compatible materials to achieve satisfactory results.
Customers are responsible for following our current application instructions and verifying that their heat press and garments are suitable for the product being applied.
Because heat presses, garments, fabrics, coatings, temperatures, pressure levels, and operating techniques vary, Ultimate Performance Prints cannot guarantee results when transfers are applied outside our control.
We are not responsible for damage caused by:
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Incorrect pressing temperature
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Incorrect pressing time
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Insufficient or excessive pressure
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Incorrect peeling procedure
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Improper equipment
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Uneven heat or pressure
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Garment incompatibility
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Re-pressing errors
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Operator error
We strongly recommend testing unfamiliar garments or materials before beginning a full production run.
If you believe there may be a problem with the transfers themselves, stop pressing the affected transfers and contact us before continuing.
Continued application of transfers after a problem becomes apparent may limit our ability to determine whether the issue resulted from the transfer, garment, equipment, or application process.
Section 8 – Orders
Submitting an order constitutes an offer to purchase products or services from Ultimate Performance Prints.
We reserve the right to accept, decline, cancel, or limit an order when reasonably necessary, including in cases involving:
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Suspected fraud
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Payment problems
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Pricing errors
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Website errors
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Inventory or material shortages
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Production limitations
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Prohibited artwork
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Suspected intellectual-property violations
Payment must be successfully processed before an order is considered accepted for production.
Please carefully review your order before submitting it.
Because our products are custom manufactured, changes and cancellations are not guaranteed once an order has been submitted and may not be possible once production begins.
Section 9 – Production & Turnaround Times
Any production or turnaround time displayed on our website is an estimate unless expressly stated otherwise in writing.
Production times may vary based on order volume, equipment availability, material availability, artwork issues, maintenance, holidays, weather, carrier delays, or circumstances outside our reasonable control.
Turnaround time refers to production time and does not necessarily include shipping or transit time.
Placing an order with expedited shipping does not automatically mean the order will receive expedited production unless specifically stated.
We are not responsible for missed events, deadlines, production schedules, resale commitments, or other consequential losses resulting from a production or shipping delay.
If an order is needed by a specific date, please contact us before ordering to determine whether the requested timeframe may be achievable.
Section 10 – Pricing & Billing
Prices, discounts, promotions, shipping charges, and product availability are subject to change without notice.
The price charged will generally be the price displayed when the order is submitted, subject to correction of obvious pricing, calculation, or website errors.
Unless otherwise stated, listed prices do not include applicable taxes, shipping charges, customs charges, duties, or import fees.
You agree to provide current, complete, and accurate billing and payment information.
You represent that you are authorized to use the payment method submitted with your order.
We reserve the right to correct pricing errors and cancel or refund an order affected by a material pricing or calculation error.
Section 11 – Shipping & Delivery
Shipping and delivery dates are estimates and are not guaranteed unless specifically agreed to in writing.
Ultimate Performance Prints is not responsible for carrier delays caused by weather, transportation disruptions, mechanical issues, incorrect addresses, customs processing, or other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address.
Additional shipping charges resulting from an incorrect or incomplete address may be the responsibility of the customer.
Tracking information provided by the shipping carrier may be used when determining delivery status.
If a package is lost, damaged, or otherwise experiences a shipping issue, contact us so that we can review the shipment and determine the appropriate next steps.
Section 12 – Returns, Refunds & Replacements
Because most of our products are custom produced, all sales are generally considered final.
Claims involving defective, damaged, missing, or incorrect products are handled according to our Refund Policy.
Customers may be required to provide photographs, order information, packaging photographs, samples, or other reasonable information necessary to evaluate a claim.
Do not dispose of products related to a claim until the issue has been resolved.
If a manufacturing error attributable to Ultimate Performance Prints is confirmed, we may, at our discretion and as permitted by applicable law:
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Reprint the affected product;
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Replace the affected product;
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Issue store credit; or
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Issue a refund for the affected product.
Our responsibility generally applies only to the portion of the order determined to be defective or incorrect.
Section 13 – Chargebacks & Payment Disputes
If you believe there is a problem with an order or charge, we encourage you to contact us first at theteam@ultimateperformanceprints.com so that we have an opportunity to investigate and resolve the issue.
Customers remain responsible for payment for valid orders that were properly produced and fulfilled according to the information submitted with the order.
If a payment dispute or chargeback is submitted, we reserve the right to provide the payment processor or financial institution with relevant information concerning the transaction, including:
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Order information
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Customer communications
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Artwork submissions
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Proof of production
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Shipping information
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Tracking information
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Delivery confirmation
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Website policies accepted when ordering
Nothing in this section limits any dispute rights available to a customer under applicable law or the rules of their payment provider.
Section 14 – Product Descriptions
We make reasonable efforts to accurately describe and display our products.
Product photographs, examples, illustrations, graphics, videos, measurements, and descriptions are provided for general informational purposes.
Actual products may vary slightly due to manufacturing tolerances, printing processes, raw-material differences, photographic conditions, screen settings, and normal production variation.
We reserve the right to modify specifications, materials, packaging, or production processes when reasonably necessary, provided the resulting product remains substantially consistent with the product ordered.
Section 15 – Errors, Inaccuracies & Omissions
Occasionally information on our website may contain typographical errors, inaccuracies, technical errors, pricing errors, or omissions involving product descriptions, prices, promotions, shipping charges, transit times, turnaround times, or availability.
We reserve the right to correct such errors and update information at any time.
If a material error affects an order that has already been placed, we may contact you to provide available options, which may include correction or cancellation and refund of the affected order.
Section 16 – Intellectual Property
Unless otherwise indicated, the content of this website, including our business name, logos, graphics, photographs, videos, written content, product descriptions, website design, and other original materials, belongs to Ultimate Performance Prints or its licensors and is protected by applicable intellectual-property laws.
You may not reproduce, distribute, modify, republish, sell, commercially exploit, scrape, or otherwise use our proprietary website content without written permission.
Customer-owned artwork remains the property of the customer or its respective rights holder.
Submission of artwork to us does not transfer ownership of that artwork to Ultimate Performance Prints.
Section 17 – Third-Party Services & Links
Our website may use or provide access to third-party tools, applications, payment services, shipping services, links, or other functionality.
These services may be governed by separate terms and privacy policies provided by the applicable third party.
We are not responsible for the availability, accuracy, operation, policies, security, or content of third-party websites or services outside our reasonable control.
Use of third-party services is at your own risk and subject to the applicable provider's terms.
Section 18 – Shopify
Our online store is hosted through Shopify.
Shopify provides the e-commerce platform used to make our products and Services available online.
Purchases made from Ultimate Performance Prints are transactions between the customer and Ultimate Performance Prints, not Shopify.
Certain information may be processed by Shopify as necessary to provide its platform and related services.
Section 19 – Privacy
Personal information collected through our website is handled according to our Privacy Policy.
Because our store is hosted through Shopify and may use other service providers, information necessary to process orders, payments, shipping, website activity, and related services may be transmitted to those providers.
Please review our Privacy Policy for additional information.
Section 20 – Reviews, Feedback & Submitted Content
If you submit a review, testimonial, photograph, suggestion, feedback, or other content to us, you represent that you have the right to submit that content.
You grant Ultimate Performance Prints a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, and distribute that content for purposes related to our business and marketing.
We may remove content that we reasonably believe is unlawful, fraudulent, abusive, defamatory, obscene, misleading, infringing, or otherwise inappropriate.
You remain responsible for content you submit.
Section 21 – Prohibited Uses
You may not use our website, products, or Services:
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For unlawful purposes;
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To violate applicable laws or regulations;
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To infringe copyrights, trademarks, or other rights;
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To submit fraudulent orders;
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To impersonate another person or business;
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To transmit viruses, malware, or malicious code;
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To interfere with the operation or security of our website;
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To collect information about other users without authorization;
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To engage in unauthorized scraping, automated extraction, or attacks against our systems;
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To harass, threaten, abuse, or defraud our employees, customers, or other persons.
We may suspend or terminate access to our Services for conduct that violates these Terms.
Section 22 – Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY US IN WRITING.
WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.
EXCEPT TO THE EXTENT THAT SUCH WARRANTIES CANNOT LEGALLY BE DISCLAIMED, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing in these Terms excludes warranties or rights that cannot legally be excluded under applicable law.
Section 23 – Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ULTIMATE PERFORMANCE PRINTS AND ITS OWNERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM AN ORDER OR USE OF OUR SERVICES.
THIS INCLUDES, WITHOUT LIMITATION:
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Lost profits
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Lost revenue
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Lost business
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Lost production time
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Missed events or deadlines
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Labor costs
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Garment replacement costs beyond any amount required by applicable law
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Customer refunds or credits issued by your business
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Loss of goodwill
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Other consequential business losses
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT PAID TO ULTIMATE PERFORMANCE PRINTS FOR THE PORTION OF THE ORDER GIVING RISE TO THE CLAIM.
Some jurisdictions do not permit certain limitations of liability, so portions of this limitation may not apply to you.
Section 24 – Indemnification
You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless Ultimate Performance Prints and its owners, employees, contractors, affiliates, and service providers from third-party claims, damages, liabilities, losses, costs, and reasonable attorneys' fees arising from:
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Your breach of these Terms;
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Your violation of applicable law;
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Your violation of another person's rights; or
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Artwork, designs, trademarks, photographs, logos, or other materials submitted by you for reproduction.
Section 25 – Termination
We may suspend or terminate your access to our website or Services if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive activity, or created a security or legal risk.
Obligations that by their nature should survive termination, including intellectual-property provisions, payment obligations, indemnification, warranty disclaimers, and limitations of liability, will continue to apply.
Section 26 – Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed as necessary.
The remaining provisions will remain in effect.
Section 27 – No Waiver
Failure by Ultimate Performance Prints to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
Section 28 – Entire Agreement
These Terms, together with our Refund Policy, Privacy Policy, Shipping Policy, and other policies expressly incorporated into these Terms, constitute the agreement between you and Ultimate Performance Prints regarding use of our Services and purchases made through our website.
Section 29 – Assignment
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, sale, reorganization, or transfer of our business or assets, subject to applicable law.
Section 30 – Governing Law
These Terms and any dispute arising from the Services or products purchased from Ultimate Performance Prints will be governed by the laws of the State of Kansas, without regard to conflict-of-law principles, except where applicable law requires otherwise.
To the extent permitted by applicable law, disputes shall be brought in a court of competent jurisdiction located in Kansas.
Section 31 – Changes to These Terms
We may update these Terms from time to time.
The current version will be posted on this page.
Changes will become effective when posted or on any later effective date identified in the updated Terms, subject to any notice requirements imposed by applicable law.
Your continued use of the Services after an update constitutes acceptance of the revised Terms to the extent permitted by law.
Section 32 – Contact Information
Questions regarding these Terms of Service or an order may be sent to:
Ultimate Performance Prints
Email: theteam@ultimateperformanceprints.com