TERMS OF SERVICE

ACCEPTANCE OF THESE TERMS

These Terms of Service ("Terms") are a binding agreement between you and Specialty Incentives, Inc. ("Company," "we," "us," or "our") and, together with any documents they expressly incorporate by reference, govern your access to and use of www.specialtyinc.com, including any online store, program portal, content, functionality, and services operated by us that link to or otherwise incorporate these Terms (collectively, the "Website").

Specialty Incentives, Inc. provides marketing services to business clients ("Clients"), including operating online stores, recognition programs, rewards programs, and other similar programs on their behalf, through which our Clients' employees, other authorized participants, or other individuals may purchase or receive Client-branded merchandise, gifts, and apparel.

Please read these Terms carefully. By using the Website, or by clicking to accept these Terms where that option is presented, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, do not access or use the Website.

ELIGIBILITY

The Website is offered only to users who are at least 18 years old and able to form a binding contract. The Website and the services offered through it are intended primarily for businesses and organizations based in the United States and for individuals accessing the Website in connection with those businesses or organizations. Certain stores or programs may be made available to eligible participants located outside the United States at the discretion of the Company or the applicable Client.

By using the Website, you represent that you meet these requirements. If you use the Website on behalf of a Client or other organization, you represent that you are authorized to bind that entity to these Terms.

ACCOUNTS AND SECURITY

You may need to register for an account to use certain features, access a Client store or program, or place orders. You agree that all information you provide is accurate, current, and complete, and that your use of the information you provide is governed by our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not share your credentials with any unauthorized person or permit anyone else to access a restricted store or program through your account.

You agree to notify us promptly of any unauthorized use of your account or any other suspected security breach. We may suspend or disable any account or credential at any time, including if we believe you have violated these Terms or are no longer eligible to access the applicable store or program.

THE STORE AND PROGRAMS

We operate portions of the Website to sell Client-branded merchandise and to administer awards, recognition programs, rewards programs, and other similar programs on behalf of our Clients.

Eligibility to access a particular store or program, purchase or receive certain items, earn or redeem program points, or receive awards may be determined by the applicable Client and may be subject to additional Client-specific rules or requirements.

Access to certain stores or programs may be limited to a Client’s employees, customers, members, or other designated participants. We may add, change, suspend, or discontinue any part of the Website, including products, programs, features, or availability, at any time, subject to any applicable agreement between the Company and the Client.

ORDERS, PRICING, AND PAYMENT

Your order is an offer to purchase the products or services listed in it. All orders are subject to acceptance by us, and we may decline or cancel an order at our discretion, including if there is an error in pricing, product availability, or other order information.

Prices, discounts, promotions, and product availability are subject to change without notice. Unless otherwise stated, applicable taxes and shipping or handling charges will be added to the order.

Payment terms may vary by Client, store, program, or transaction. Where payment is required at checkout, you agree to provide accurate payment information and represent that you are authorized to use the payment method provided. Certain purchases may instead be billed to a Client, paid using program points or credits, or subject to other payment arrangements established by the applicable Client or the Company.

Payment card information is processed by third-party payment processors, and we do not store full payment card numbers.

SHIPPING, TITLE, AND RISK OF LOSS

We will arrange shipment to the address provided for the applicable order. Shipping and handling charges, if any, may be estimated at the time of order and may be adjusted based on actual freight and handling costs incurred.

Delivery dates are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, suppliers, manufacturers, decorators, fulfillment providers, weather, labor disruptions, or other circumstances outside our reasonable control.

Title to and risk of loss for products will pass in accordance with the shipping terms applicable to the order, Client program, or other agreement governing the transaction.

RETURNS, EXCHANGES, AND CANCELLATIONS

Returns, exchanges, and cancellations are subject to the policies applicable to the particular Client store, program, or transaction.

Because many products are custom-produced, decorated, personalized, or otherwise made to order, such products may not be returnable, exchangeable, or cancellable except in cases of product defect, damage, or fulfillment error.

Any applicable return deadlines, restocking fees, replacement procedures, or other conditions will be communicated through the applicable store, program, order documentation, or other policy made available in connection with the transaction.

PROMOTIONS, PROGRAM POINTS, AND REWARDS

Promotions, program points, rewards, credits, gift cards, and similar offers may be subject to additional terms established by the Company or the applicable Client and disclosed in connection with the applicable store, program, or offer.

Eligibility, earning, redemption, expiration, transferability, and other restrictions may vary by Client, store, or program. If any additional terms conflict with these Terms, the additional terms will control with respect to the applicable promotion, program, reward, credit, or offer.

Program points, rewards, and credits have no cash value unless expressly stated otherwise.

INTELLECTUAL PROPERTY

The Website and its content, features, functionality, design, text, graphics, images, software, and other materials are owned by the Company, its Clients, or its licensors and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for its intended purposes, including browsing, participating in applicable programs, and placing orders.

You may not copy, reproduce, modify, create derivative works from, distribute, publicly display, publish, transmit, or commercially exploit any part of the Website except as expressly permitted by these Terms or with the prior written permission of the applicable rights holder.

All rights not expressly granted are reserved.

TRADEMARKS AND CLIENT BRANDING

The Company name, logo, and related marks are trademarks or service marks of the Company or its affiliates. Client names, logos, trademarks, and other branding displayed on the Website or on merchandise belong to the applicable Client or other rights holder and are used with authorization.

Third-party product names, manufacturer names, logos, and trademarks displayed on the Website belong to their respective owners.

You may not use, copy, reproduce, modify, or distribute any Company, Client, manufacturer, supplier, or other third-party trademark, logo, or branding without the prior written permission of the applicable rights holder. Nothing on the Website grants you any ownership interest or other right to use any such marks except as expressly permitted.

USER CONTENT

The Website may allow you to submit or upload content, including logos, artwork, images, personalization information, messages, reviews, or other materials ("User Content").

You retain ownership of your User Content. By submitting User Content, you grant the Company, its Clients, suppliers, decorators, manufacturers, fulfillment providers, and other service providers a non-exclusive, royalty-free license to use, reproduce, modify, display, transmit, and otherwise process the User Content as reasonably necessary to operate the Website, administer the applicable store or program, fulfill orders, and provide related products or services.

You represent that you own or otherwise have all rights and permissions necessary to submit the User Content and to authorize its use as described in these Terms, and that the User Content does not infringe or violate any third-party rights or applicable law.

You are responsible for your User Content. We may remove, reject, or decline to use User Content at our discretion, including if we believe it violates these Terms or the rights of others.

PROHIBITED USES

You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not:

• violate any applicable law or regulation;
• infringe or violate the rights of the Company, any Client, or any third party;
• submit false, misleading, infringing, defamatory, unlawful, or harmful content;
• impersonate any person or entity or misrepresent your affiliation with any person or organization;
• access or attempt to access any Client store, program, account, pricing, content, or other restricted information without authorization;
• share login credentials or restricted store or program access with any unauthorized person;
• transmit unsolicited advertising, viruses, malware, or other harmful code;
• use any robot, scraper, crawler, or other automated means to access, copy, extract, or collect information from the Website without our prior written permission;
• interfere with or disrupt the Website, its servers, networks, or security features; or
• attempt to gain unauthorized access to any part of the Website, any account, or any connected system or network.

 

COPYRIGHT COMPLAINTS (DMCA)

We respect the intellectual property rights of others. If you believe that content available through the Website infringes your copyright, you may submit a written notice to our designated copyright contact at the contact information provided below.

Copyright notices should include sufficient information to identify the copyrighted work, the allegedly infringing material, your contact information, and a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites or rely on third-party services, including payment processors, technology providers, suppliers, manufacturers, decorators, fulfillment providers, and shipping carriers.

We do not control and are not responsible for the availability, content, products, services, privacy practices, security, or other practices of third parties. Your use of any third-party website or service may be subject to that third party’s own terms, policies, and conditions.

The inclusion of a link to, or use of, a third-party service does not imply endorsement of that third party unless expressly stated.

PRIVACY

Your use of the Website is subject to our Privacy Policy, which describes how we collect, use, disclose, and otherwise process personal information and is incorporated into these Terms by reference.

Certain Client stores or programs may also include additional privacy notices or disclosures applicable to that particular store, program, or Client relationship.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE AND ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH IT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. PRODUCTS MAY BE SUBJECT TO SEPARATE WARRANTIES, IF ANY, PROVIDED BY THE APPLICABLE MANUFACTURER OR OTHER THIRD PARTY. NOTHING IN THESE TERMS LIMITS ANY WARRANTY OR OTHER RIGHT THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, CLIENTS, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THROUGH THE WEBSITE IN CONNECTION WITH THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM OR (B) $100.00. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW AND DOES NOT SUPERSEDE ANY SEPARATE WRITTEN AGREEMENT BETWEEN THE COMPANY AND A CLIENT.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, Clients, licensors, service providers, suppliers, manufacturers, decorators, fulfillment providers, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your violation of these Terms;
• your misuse of the Website or any Client store or program;
• any User Content, artwork, logo, trademark, image, personalization information, or other material you submit or provide;
• your violation of any law or regulation; or
• your infringement or violation of any third-party right.

 

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of any such claim.

TERM AND TERMINATION

These Terms apply while you access or use the Website. We may suspend or terminate your access to the Website, any account, Client store, or program at any time, with or without notice, including if we believe you have violated these Terms, are no longer eligible to access the applicable store or program, or if the applicable Client relationship or program has ended. Provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law and jurisdiction, and any other obligations that are intended to continue after termination.

GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or relating to these Terms or the Website are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any legal action or proceeding arising out of or relating to these Terms or the Website must be brought exclusively in the state courts located in Denver County, Colorado, or the United States District Court for the District of Colorado, and you consent to the personal jurisdiction and venue of those courts.

CHANGES TO THESE TERMS

We may revise these Terms from time to time. Changes are effective when posted and apply prospectively to your use of the Website after posting. If we make material changes, we may provide additional notice or request your acceptance where appropriate or required by law. Your continued use of the Website after revised Terms are posted constitutes your acceptance of the revised Terms. The “Effective Date” below indicates when these Terms were last updated.

MISCELLANEOUS

These Terms, the Privacy Policy, and any documents incorporated by reference constitute the entire agreement between you and the Company regarding your use of the Website. These Terms do not supersede any separate written agreement between the Company and a Client or other party. If there is a conflict between these Terms and a separate written agreement governing products, services, a store, a program, or another business relationship, the separate written agreement will control with respect to the subject matter of that agreement. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other right. You may not assign these Terms without our prior written consent; we may assign these Terms without restriction. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control. To the fullest extent permitted by law, any claim arising out of or relating to the Website must be brought within one year after the claim arises. Headings are for convenience only and do not affect the interpretation of these Terms.

CONTACT INFORMATION

The Website is operated by Specialty Incentives, Inc.

Questions about these Terms may be sent to:

Specialty Incentives, Inc.
5475 E. Evans Ave.
Denver, CO 80222

EFFECTIVE DATE

These Terms were last updated on October 1, 2026. This version replaces and supersedes any prior Terms of Service applicable to the Website.